IN RE: EDWIN LICUP, ET AL V. JEFFERSON AV

• Summarized by Bradley Pearce , Pearce Law PLLC
• 9 months 3 weeks ago

Citation:

23-60017 (9th Circuit, Mar 08,2024) Published

Case Status:

Affirmed

Ruling:

Due to the lack of due process resulting from the debtors' failure to include a proper mailing address for a debt, no part of the creditor's claim was discharged under 11 U.S.C. § 727.

Judge(s):

Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 1007
• 521(a)(1)
• 523(a)(3)(A)
• 727

Daileader v. Certain Underwriters at Lloyds London Syndicate 1861

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 9 months 3 weeks ago

Citation:

23-690 (2nd Circuit, Mar 18,2024) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...

Judge(s):

John M. Walker Jr.; William J. Nardini; and Denny Chin

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• Professional Practice Areas
• Insurance
• 11 U.S.C. § 541(c)(1)

Petr v. BMO Harris Bank N.A. (In re BMO Harris Bank N.A.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 3 weeks ago

Citation:

No. 23-1931 (7th Circuit, Mar 15,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Seventh Circuit held the "safe harbor" of 11 U.S.C. § 546(e), which shields from avoidance certain transfers made “in connection with a securities contract,”...

Judge(s):

ST. EVE, KIRSCH, and LEE

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Finance and Banking
• Lender Liability
• 11 U.S.C. § 101(49)(A)(ii); 11 U.S.C. § 102(8); 11 U.S.C. § 544(a); 11 U.S.C. § 544(b)(1); 11 U.S.C. § 546(e); 11 U.S.C. § 550(a); 11 U.S.C. § 741(7)

Coeptis Equity Fund LLC v. Hoskins (In re Coeptis Equity Fund LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 4 weeks ago

Citation:

No. 23-60001 (9th Circuit, Mar 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court didn't err in denying a chapter 11/subchapter V debtor's motion for relief under Fed. R. Bankr. P 9024/Fed. R. Civ. P....

Judge(s):

S. THOMAS, MCKEOWN, and CHRISTEN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Fed. R. Bankr. P. 9024
• 11 U.S.C. § 105(a)
• 11 U.S.C. § 105(b)
• 11 U.S.C. § 1183(b)(5)
• 11 U.S.C. § 1185(a)

COEPTIS EQUITY FUND LLC V. GINA KLUMP (IN RE COEPTIS EQUITY FUND LLC)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 3 weeks ago

Citation:

No. 23-60003 (9th Circuit, Mar 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in approving compensation for a Subchapter V Trustee over a debtor’s objection for work...

Judge(s):

S. THOMAS, MCKEOWN, and CHRISTEN

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• 11 U.S.C. § 330(a)(3-4)

In re: RGN-GROUP HOLDINGS, LLC, et al.,

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 9 months 3 weeks ago

Citation:

22-3019 & 22-3020 (3rd Circuit, Mar 14,2024) Not Published

Case Status:

Reversed and Remanded

Ruling:

In a non-precedential opinion, the Third Circuit held that, under Texas law, a landlord and tenant-assignee cannot amend a lease to increase the tenant-assignor’s liability under the lease unless...

Judge(s):

JORDAN, ROTH and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Executory Contracts/Leases
• Professional Practice Areas
• Real Estate
• 11 U.S.C. § 502(b)(6)

The Alabama Creditors v. Rodney Dixon Dorand

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 9 months 4 weeks ago

Citation:

22-14113 (11th Circuit, Mar 14,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...

Judge(s):

William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Small Business
• 11 U.S.C. § 541(a); 11 U.S.C. § 553(a)

In re Orion HealthCorp, Inc.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 10 months 18 hours ago

Citation:

23-311-bk (2nd Circuit, Mar 12,2024) Published

Case Status:

Affirmed

Ruling:

Rejecting the holding of a non-precedential summary order, the Second Circuit clarified that parties may be added to an action -- without leave of the court and without reference to Fed. R. Civ. P....

Judge(s):

CALABRESI, NATHAN, Circuit Judges, AND NAGALA, District Judge

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• 7004(b)(3)

In re: Kleynerman

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 10 months 2 days ago

Citation:

No. 22-2947 (7th Circuit, Feb 27,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Seventh Circuit held a bankruptcy court did not err in granting a chapter 7 debtor's motion to reopen a case to avoid a judicial lien on the debtor's LLC...

Judge(s):

EASTERBROOK, WOOD, and KIRSCH

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Discharge/Dischargeability
• Fed. R. Bankr. P. 4003(b)(1); Fed. R. Bankr. P. 4003(d); Fed. R. Bankr. P. 9014
• 11 U.S.C. §350(b); 11 U.S.C. § 522(f)(1); 11 U.S.C. § 523(a)(4)

Ruff v. Ruff

• Summarized by J. Eric Lockridge , Kean Miller LLP
• 10 months 1 week ago

Citation:

23-40373 (5th Circuit, Mar 01,2024) Not Published

Case Status:

Affirmed

Ruling:

In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...

Judge(s):

Jones, Haynes, Douglas

Tag(s):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraud
• Commercial Fraud
• 11 U.S.C. 363

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