IN RE: KENNETH J. TAGGART

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 10 months 1 week ago

Citation:

No. 23-1251 (3rd Circuit, Feb 29,2024) Not Published

Case Status:

Affirmed

Ruling:

In non-precedential opinion, the Third Circuit affirmed the bankruptcy court's decision to reject an individual pro se Debtor's proposed structured dismissal and instead dismiss the Debtor's...

Judge(s):

BIBAS, PORTER, and MONTGOMERY-REEVES

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C § 1112(b);; 11 U.S.C § 1129(a); 11 U.S.C § 1191(b); 11 U.S.C § 1191(c);

Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt., LLC (In re Insight Terminal Sols., LLC)

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

Citation:

No. 23-8004 (6th Circuit, Feb 28,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court did not abuse its discretion in refusing to disallow or recharacterize a claim. A significant problem the appellant...

Judge(s):

CROOM, DALES, and GUSTAFSON

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fed. R. Bankr. P.3001(e)(2); Fed. R. Bankr. P. 3001(f); Fed. R. Bankr. P. 7032; Fed. R. Bankr. P. 7052
• 11 U.S.C. § 105; 11 U.S.C. § 502(b)(1); 11 U.S.C. § 510(c)

Stephen Sewalk, et al v. Valpak Direct Marketing Systems, LLC

• Summarized by Taylor King , U.S. Bankruptcy Court, Middle District of Florida
• 10 months 2 weeks ago

Citation:

22-13819 (11th Circuit, Feb 26,2024) Not Published

Case Status:

Affirmed

Ruling:

The 11th Circuit had jurisdiction because the "motion for leave" was construed as a motion for reconsideration under Rule 59 and therefore, tolled the 30 day deadline for an appeal. As to the...

Judge(s):

Charles R. Wilson, Jill A. Pryor, Andrew L. Brasher

Tag(s):

• 11th Circuit
• Automatic Stay
• Ethics
• Small Business

Swiss Re v. Fieldwood Energy

• Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
• 10 months 3 weeks ago

Citation:

23-20104 (5th Circuit, Feb 20,2024) Published

Case Status:

Affirmed

Ruling:

The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....

Judge(s):

Southwick, Engelhardt, and Wilson

Tag(s):

• 5th Circuit
• Asset Sales
• Plan Confirmation
• Business Reorganization
• 11 U.S.C § 363

Summit Investment Management, et al. v. Connolly

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

Citation:

22-1297 (10th Circuit, Feb 16,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Colorado (DC) for the same reasons cited by the latter in its order...

Judge(s):

Paul J, Kelly Jr.; Scott Matheson Jr.; and Allison H. Eid

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 9019(a); Fed. R. Bankr. P. 2002(a)(3)
• 11 U.S.C § 362; 11 U.S.C. § 502(a); 11 U.S.C. § 502(b); 11 U.S.C. § 502(e)(1)(B); 11 U.S.C. § 502(e)(2); 11 U.S.C. § 726(a)

TEA STATION INVESTMENT, INC.; et al. v ZHOU BAODI

• Summarized by Michael Myers , Ballard Spahr LLP
• 10 months 3 weeks ago

Citation:

No. 22-60051 (9th Circuit, Feb 16,2024) Not Published

Case Status:

Affirmed

Ruling:

A panel of the Ninth Circuit Court of Appeals upheld (2-1) the bankruptcy court's order awarding attorneys' fees to appellee judgment creditor. The majority held that the bankruptcy court properly...

Judge(s):

Tashima, Wallach, and Christen

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Professional Compensation/Fees

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 10 months 4 weeks ago

Citation:

23-1045 23-1046 23-1047 23-1048 23-1049 (c0nsolidated) (1st Circuit, Feb 09,2024) Published

Case Status:

Affirmed

Ruling:

The pre-petition work claims were not for "back pay attributable to any period of time occurring after commencement of the case" and thus did not qualify for administrative-expense priority under...

Judge(s):

Montecalvo, Lipez, and Thompson,

Tag(s):

• 1st Circuit
• Administrative Expense Claims
• Municipal Bankruptcy
• Puerto Rico
• 11 USC 503(b)(1)(a)

Autumn Wind Lending, LLC v. Estate of John J. Siegel

• Summarized by Bradley Pearce , Pearce Law PLLC
• 11 months 1 day ago

Citation:

23-5476 (6th Circuit, Feb 08,2024) Published

Case Status:

Reversed and Remanded

Ruling:

Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...

Judge(s):

COLE, GILMAN, and LARSEN

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation

GOLDENTREE ASSET MANAGEMENT LP v THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 11 months 1 week ago

Citation:

23-1737 (1st Circuit, Jan 22,2024) Published

Case Status:

Affirmed

Ruling:

In an opinion arising out of the restructuring of Puerto Rico's public power company (PRRS and PREPA), the U.S. Court of Appeals for the First Circuit held that GoldenTree Asset Management and...

Judge(s):

William J. Kayatta Jr.; O. Rogeriee Thompson; and Julie Rikelman

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Puerto Rico
• 11 U.S.C § 362(a)(3); 11 U.S.C § 362(d)(1); 11 U.S.C § 362(e)(1)

HUNTINGTON NATIONAL BANK v AIG SPECIALTY INSURANCE CO., et al.,

• Summarized by J. Debbeler , Bricker Graydon LLP
• 11 months 1 week ago

Citation:

23-3039; File Name: 24a0049n.06 (6th Circuit, Feb 01,2024) Not Published

Case Status:

Reversed

Ruling:

The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...

Judge(s):

Moore, Gibbons and Stranch

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Commercial Fraud
• Finance and Banking
• Insurance
• Lender Liability
• 11 U.S.C. Section 548

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