SUMMARY ORDER -- NO PRECEDENTIAL EFFECT. Two former employees of Lehman were not entitled to separate claims against Lehman for bonus claims tied to their employment that were assumed and paid by...
Judge(s):
Dennis Jacobs, Debra Ann Livingston, Circuit Judges; George B. Daniels, District Judge
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...
The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
Sixth Circuit reversed District Court's addition of a related non-party to a judgment on account of alleged transfers to the non-party by a judgment debtor and determined that, under Michigan...
Based on (I) the ordinary, dictionary meaning of the word, "received", (II) the context of section 503(b)(9) being an exemption to the general bankruptcy reclamation scheme established by section...
Judge(s):
HARDIMAN, KRAUSE, Circuit Judges, and STENGEL, District Judge from the Eastern District of Pennsylvania
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...
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...