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Khan v. Barton (In re Khan)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 2 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
  • 9 years 2 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.
  • 9 years 2 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
  • 9 years 2 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
  • 9 years 2 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
  • 9 years 2 months 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
  • 9 years 3 months 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):

In re Kupfer, No. 14-16697 (9th Cir. Dec. 29, 2016)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 3 months ago
Citation:
No. 14-16697 (9th Circuit, Dec 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:
502(b)(6) cap applies to attorney fees for litigating lessor's claim for future, but not past, rent.
Judge(s):
Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett, District Judge for the Northern District of Iowa, sitting by designation. Opinion by Judge Graber.
Tag(s):

Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 9 years 3 months ago
Citation:
14-51079 (5th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

This is a follow up opinion in response to the Appellees request for a rehearing. It reiterates the prior holding and also rules that estoppel and waiver do not apply here.

Judge(s):
REAVELEY, PRADO and COSTA
Tag(s):

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