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Davis v. Belloc (In re Regional Care Services Corp.)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 6 months ago
Citation:
BAP No. AZ-16-1213-JuLB (9th Circuit, Jul 05,2017) Not Published
Case Status:
Affirmed
Ruling:
Creditor with medical malpractice claim against the debtor was allowed to file a late proof of claim, and was granted relief from stay to pursue a state court lawsuit. Evidence that Creditor had...
Judge(s):
JURY, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

Home Care Providers, Inc., et al v. Hemmelgarn

Citation:
16-2054, 16-3668, 16-3669 (7th Circuit, Jun 27,2017) Published
Case Status:
Reversed and Remanded
Ruling:
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Judge(s):
BAUER, FLAUM, KANNE
Tag(s):

Crop Production Services, Inc. v. Kelley (In the Matter of Grabanski)

Citation:
16-40830 (5th Circuit, Jun 20,2017) Not Published
Case Status:
Affirmed
Ruling:
Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
Judge(s):
Barksdale, Graves and Higginson (per curiam)
Tag(s):

Indian Harbor Insurance Co. v. Zucker

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 7 years 6 months ago
Citation:
16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
Case Status:
Affirmed
Ruling:
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Judge(s):
Sutton, Daughtrey, and Donald (dissenting)
Tag(s):

PRLP 2011 Holdings LLC v. Manuel Media Villa, Inc.

Citation:
BAP NOS. PR 16-053, PR 16-056. Bank. Case No. 13-02800-MCF (1st Circuit, Jun 16,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
Judge(s):
Feeney, Finkle and Fagon
Tag(s):

Sarachek v. Luana Savings Bank

Citation:
16-1856, 16-1955 (8th Circuit, Jun 15,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
Judge(s):
LOKEN, BEAM, BENTON
Tag(s):

BPP Illinois, LLC v. The Royal Bank of Scotland Group PLC

  • Summarized by Robert Yan , Otterbourg P.C.
  • 7 years 7 months ago
Citation:
15-3706-cv (2nd Circuit, Jun 13,2017) Published
Case Status:
Affirmed
Ruling:
AFFIRMING the judgment of the district court dismissing claims asserted by former debtors (collectively, “BPP”) against the Royal Bank of Scotland Group, PLC (“RBS”), RBS Citizens, N.A....
Judge(s):
Jacobs, Pooler, Circuit Judges, and Crawford, District Judge (sitting by designation)
Tag(s):

In re Revstone Industries LLC, et al.

Citation:
16-2167 (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Affirmed
Ruling:
Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
Judge(s):
SMITH, Chief Judge (author), JORDAN and ROTH
Tag(s):

In re JJE & MM Group LLC

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 7 years 7 months ago
Citation:
16-1408-bk (2nd Circuit, Jun 05,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Second Circuit reversed the decisions of the District Court and Bankruptcy Court imposing sanctions on a debtor's attorney for a repeat chapter 11 filing on the eve of a foreclosure sale and in...
Judge(s):
Jon O. Newman, Jose A. Cabranes, Gerard E. Lynch
Tag(s):

Gupta v. Quincy Medical Center

  • Summarized by William Amann , Amann Burnett, PLLC
  • 7 years 7 months ago
Citation:
USCA, First Circuit, No. 15-1183 (1st Circuit, Jun 02,2017) Not Published
Case Status:
Affirmed
Ruling:
In short, Appellants' claims do not fit into the narrow category of matters that "have no existence outside of the bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Tag(s):

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