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Harper v. The Oversight Committee (In re Conco, Inc.)

Citation:
16-6166 (6th Circuit, Apr 28,2017) Published
Case Status:
Affirmed
Ruling:
Concluding that the mere interpretation of a confirmed plan by a bankruptcy constitute did not constitute either a modification of the confirmed chapter 11 plan or the application of the Bankruptcy...
Judge(s):
Daughtrey, Sutton, and Donald.
Tag(s):

Privitera v. Curran (In re Curran), (1st Cir, 2017)

Citation:
16-9006 (1st Circuit, Apr 20,2017) Published
Case Status:
Affirmed
Ruling:
Without pleaded facts adequate to support a reasonable inference of material falsity, the plaintiff's section 523(a)(2)(B) claim does not cross the line from possible to plausible. The plausibility...
Judge(s):
Howard, Selya and Lynch
Tag(s):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 7 years 8 months ago
Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

Blixseth v. Yellowstone Mountain Club, LLC

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 7 years 8 months ago
Citation:
12-35986 (9th Circuit, Apr 18,2017) Published
Case Status:
Dismissed
Ruling:
Appellant's counsel's motion for reconsideration of Appellate Commissioner's orders awarding attorneys' fees and costs under Fed. Rule App. Proc. 38 and 28 USC 1927 denied.
Judge(s):
Kozinski, Paez, Berzon
Tag(s):

Brown Media Corp. v. K&L Gates, LLP

  • Summarized by Jin Kim , Allen & Overy LLP
  • 7 years 8 months ago
Citation:
15-4185-cv (2nd Circuit, Apr 14,2017) Not Published
Case Status:
Reversed
Ruling:
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
Tag(s):

Lankford v. Wagner

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 7 years 9 months ago
Citation:
16-2221 (10th Circuit, Apr 07,2017) Published
Case Status:
Affirmed
Ruling:
The 10th Circuit affirmed the order of dismissal. The Barton doctrine, derived from Barton v. Barbour, 104 U.S. 126 (1881) and its progeny, "precludes suit against a bankruptcy trustee for claims...
Judge(s):
Kelly, Matheson, and McHugh, Circuit Judges
Tag(s):

U.S. Small Business Administration v. Bensal

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
No. 14-17404 (9th Circuit, Apr 04,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
Judge(s):
Hawkins, Berzon, Murguia
Tag(s):

Armendariz v. Chowaiki

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 7 years 9 months ago
Citation:
16-50905 (5th Circuit, Mar 30,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
Judge(s):
Stewart, Jolly, Jones (per curiam)
Tag(s):

Kipp Flores Architects, L.L.C. v. Mid-Continent Casualty Co.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 7 years 9 months ago
Citation:
16-20255 (5th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Judge(s):
JONES, BARKSDALE, and COSTA
Tag(s):

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