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Lopez v. Raicevic (In re Lopez)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 11 months ago
Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

McGarry & McGarry, LLC v. Rabobank, N.A.

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 7 years 11 months ago
Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

Khan v. Barton (In re Khan)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 7 years 11 months ago
Citation:
No. 15-60002 - 15-60007 (6 related appeals) (9th Circuit, Jan 23,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that the claim of a former shareholder with a fraud judgment against the principals of corporation was not subject to subordination under 11 U.S.C. § 510(b), and that the...
Judge(s):
Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Johnnie B. Rawlinson
Tag(s):

Bandi v. Becnel (In the Matter of Bandi

  • Summarized by J. Newman , Newman & Newman
  • 7 years 11 months ago
Citation:
No. 16-30633 (5th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Fifth Circuit AFFIRMED the decision of the district court. "To the extent that the Bandis have now shifted the focus of their argument to a due process challenge...
Judge(s):
REAVLEY, OWEN, and ELROD
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 7 years 11 months ago
Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

Trikona Advisers Ltd. v. Chugh

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 7 years 11 months ago
Citation:
14-975-cv (2nd Circuit, Jan 18,2017) Published
Case Status:
Affirmed
Ruling:
Cayman court ruling was entitled to preclusive effect in litigation pending in Connecticut district court, rejecting appellant's 5 arguments. 1.Chapter 15 of the Bankruptcy Code did not preclude...
Judge(s):
Walker, Chin, and Lohier, Circuit Judges
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 7 years 12 months ago
Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Wortley v. Bakst

  • Summarized by David Bury , Stone & Baxter, LLP
  • 8 years 2 days ago
Citation:
15-11923 (11th Circuit, Jan 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:

11th Circuit didn't have appellate jurisdiction to review a direct, certified appeal of a Bankruptcy Court's order dismissing a complaint because the complaint involved a related...

Judge(s):
Marcus, Jordan, and 2nd Circuit Judge Walker (by designation).
Tag(s):

Spradlin v. Beads and Steeds Inns, LLC

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 8 years 1 week ago
Citation:
16-5499 (6th Circuit, Jan 03,2017) Not Published
Case Status:
Affirmed
Ruling:

Finding no basis for reverse veil-piercing or substantive consolidation with a non-debtor entity, the Sixth Circuit BAP affirmed the decision of the Bankruptcy Court for the Eastern District of...

Judge(s):
Guy, Boggs and Griffin; Opinion by Griffin
Tag(s):

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