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Home » Professional Practice Areas » Govt. Claims/Sovereign Immunity

In re: TERRY L. WIKE

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 6 months 4 weeks ago
Citation:
No. 24-4402 (9th Circuit, Jul 31,2025) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the 9th Circuit affirmed the Bankruptcy Appellate Panel’s (BAP) reversal of the bankruptcy court's decision finding that Creditor’s claims were nondischargeable....
Judge(s):
McKeown, de Alba, and Bennett
Tag(s):

STATE OF MONTANA DEPARTMENT OF REV V TIMOTHY L. BLIXSETH

Citation:
22-60046 (9th Circuit, Aug 14,2024) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
Tag(s):

Elec Reliability Council v. Phillips

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 1 year 10 months ago
Citation:
22-20603 (5th Circuit, Apr 29,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

KENTUCKY EMPLOYEES RETIREMENT SYSTEM v SEVEN COUNTIES SERVICES, INC., IN RE: SEVEN COUNTIES SERVICES, INC.

Citation:
23-5383 (6th Circuit, Jan 26,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit (Circuit) dismissed the appeal of the Kentucky Employees Retirement Systems (KERS) of the denial of its petition for leave to appeal and the...
Judge(s):
Jane B. Stranch; Eric L. Clay; and David McKeague
Tag(s):

IN RE: MEGAN MARIE TETER

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 2 years 1 month ago
Citation:
No. 22-3778; File Name: 24a0003p.06 (6th Circuit, Jan 03,2024) Not Published
Case Status:
Affirmed
Ruling:
A debtor is not entitled to recover attorneys fees from the United States Trustee's Office (UST) under the Equal Access to Justice Act (EAJA) when the UST withdraws a motion to dismiss the...
Judge(s):
Gilman, Bush, Readler
Tag(s):

In re: THEOS FEDRO HOLDINGS, LLC

Citation:
22-1115 (9th Circuit, Dec 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

In re: ORLAND LTD.; VANDEVCO LIMITED

Citation:
21-1176 & 21-1200 (9th Circuit, Mar 25,2022) Not Published
Case Status:
Affirmed
Ruling:
Seeing no error and thus no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed orders, issued by the U.S. Bankruptcy Court for the Western District of Washington...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Scott H. Gan
Tag(s):

In re- Howard D. Juntoff

Citation:
21-8011 & 21-8012 (6th Circuit, Mar 21,2022) Published
Case Status:
Reversed
Ruling:
Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...
Judge(s):
Alan C. Stout; James L. Croom; and Scott W. Dales
Tag(s):

In re: ALESSI & KOENIG, LLC,

Citation:
21-1093 (9th Circuit, Jan 28,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decisions of the U.S. Bankruptcy Court for the District of Nevada (BC) to: (1) dismiss with prejudice the adversary...
Judge(s):
Scott H. Gan; Laura S. Taylor; and Julia W. Brand
Tag(s):

(State of North Dakota, et al. v. Bala ), In re: Racing Services, Inc.

  • Summarized by Mawerdi Hamid , Hennepin County Attorney’s Office
  • 4 years 1 month ago
Citation:
No. 21-6007 (8th Circuit, Jan 07,2022) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling sustaining the trustee's objections to: (1) the state's claim that a nonprofit, not the debtor, should recover the remaining tax settlement funds, and...
Judge(s):
Shodeen, Dow, and Ridgway
Tag(s):

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