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Reis v. Garvin (In re Reis)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 3 weeks ago
Citation:
No. 24-4201 (9th Circuit, Feb 26,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
Judge(s):
GOULD, NGUYEN, and BENNETT
Tag(s):

USSEC, ET AL V. CHICAGO TITLE COMPANY, ET

Citation:
22-56206, 22-56208 (9th Circuit, Feb 20,2025) Published
Case Status:
Affirmed
Ruling:
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
Tag(s):

Excluded Lenders v. Serta

Citation:
23-20181, 23-20450, 23-20363 (5th Circuit, Feb 14,2023) Published
Case Status:
Reversed and Remanded
Ruling:
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
Judge(s):
HAYNES, WILLETT, and OLDHAM, Circuit Judges
Tag(s):

Rose v. Grappler Pressure Pumping

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 1 year 1 month ago
Citation:
24-50251 (5th Circuit, Feb 06,2025) Published
Case Status:
Affirmed
Ruling:
The 5th Circuit affirmed the District Court's ruling that denied the plaintiffs' claims for successor liability under the WARN Act against a purchaser of assets from a bankruptcy debtor. The Court...
Judge(s):
Higginbotham;Willett; and HO
Tag(s):

Avianca Holdings S.A. v. Burnham Sterling & Co. LLC (In re Avianca Holdings S.A.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 1 month ago
Citation:
24-255-bk (2nd Circuit, Feb 03,2025) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...
Judge(s):
WESLEY, LYNCH, and KAHN
Tag(s):

SMITH V. DEVINE

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 1 year 2 months ago
Citation:
24-1335 (4th Circuit, Jan 17,2025) Published
Case Status:
Affirmed
Ruling:
The Fourth Circuit affirmed the district court’s order upholding the bankruptcy court’s entry of default judgment against multiple defendants as a discovery sanction, which awarded the chapter...
Judge(s):
Wilkinson, Benjamin, Alston
Tag(s):

U LOCK V Christina Biros

Citation:
23-2293 (3rd Circuit, Jan 13,2025) Not Published
Case Status:
Reversed and Remanded
Ruling:
The district court has no jurisdiction to consider an appeal from an order of the bankruptcy court if the appellant fails to file the notice of appeal in a timely manner. A timely notice of appeal...
Judge(s):
SHWARTZ, MATEY, and McKEE, Circuit Judges
Tag(s):

Sunz Insurance Company v. U.S. Treasury Department, Internal Revenue Servic

Citation:
22-12336 (11th Circuit, Jan 08,2025) Published
Case Status:
Affirmed
Ruling:
A federal tax lien attaches to all of a debtor's assets and has priority from the date on which notice of the lien is filed. As a result, a secured creditor's security interest, even though...
Judge(s):
RANCH and LUCK, Circuit Judges, and BERGER, District Judge
Tag(s):

Ali v. Azhar Chaudhary

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 1 year 3 months ago
Citation:
No. 23-20362 (consolidated with 23-20464, 23-20498, and 23-20507) (5th Circuit, Dec 09,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
Judge(s):
Smith, Clement, Higginson
Tag(s):

Marshak v. Hyundai Steel Co. (In re Prime Metals U.S.A., Inc.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 3 months ago
Citation:
No. 24-53 (9th Circuit, Dec 06,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...
Judge(s):
OWENS, LEE, and KOH
Tag(s):

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