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Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund

Citation:
United States Court of Appeals for the First Circuit, No. 12-2312 (July 24, 2013)
Ruling:
In matters of first impression, the First Circuit addressed two issues relating to the withdrawal liability of private equity firms, as owners of a bankrupt portfolio company, under the...
Judge(s):
Lynch, Thompson and Kayatta
Tag(s):

Ah Quin v. County of Kauai Dept of Transportation

Citation:
Ah Quin v. County of Kauai Dep’t of Transp., No. 10-16000 (9th Cir. July 24, 2013)
Ruling:
Judicial estoppel does not bar a debtor from prosecuting an unscheduled cause of action if, when completing the schedules, the debtor lacked the subjective intent to conceal.
Judge(s):
Susan P. Graber, Jay S. Bybee, and Morgan Christen, Circuit Judges. Opinion by Judge Graber; dissent by Judge Bybee.
Tag(s):

Maestas v. Old World Construction, Inc. (In re Maestas)

Citation:
BAP No. CO-12-100, Appeal from U.S. Bankr. Ct., D. Colo., Case No. 12-20125
Ruling:
The BAP held that the appeal was not rendered moot by the abandonment of the property, and affirmed the bankruptcy court's order denying the debtors' claim of exemption. The BAP held that the...
Judge(s):
Michael, Jacobvitz, and Marker. Opinion by Hon. Joel T. Marker, U.S. Bankruptcy Judge, District of Utah.
Tag(s):

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