In re: ARTESIAN FUTURE TECHNOLOGY, LLC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 1 month ago

Citation:

23-1046 (9th Circuit, Nov 28,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed as equitably moot an appeal of the order confirming the liquidating plan of Artesian Future Technology, LLC (AFT) and...

Judge(s):

Gary Spraker; Scott Gan; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• SEC Issues
• Small Business
• Unsecured Trade Creditors

IN RE: W.R. GRACE & CO, et al.,

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

Citation:

20-2171 (3rd Circuit, Sep 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...

Judge(s):

Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Court Administration
• Creditors' Committee
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Insurance
• Investment Banking
• Mass Torts
• Public Companies and Claims Trading
• SEC Issues
• Turnaround Issues
• 11 U.S.C. § 524(g)
• 11 U.S.C. § 524(g)(4)(A)
• 11 U.S.C. § 524(g)(4)(A)(ii)
• 11 U.S.C. § 524(g)(4)(A)(ii)(IIII)

In re S.S. Body Armor Inc.

• Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
• 4 years 7 months ago

Citation:

Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...

Judge(s):

Circuit Judges Restrepo, Roth, and Fisher

Tag(s):

• 3rd Circuit
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Commercial Fraud
• SEC Issues
• 9019
• 503(b)(3)(D); 503(b)(4)

SEC, et al v. Stanford International Bank, et a

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 5 years 6 months ago

Citation:

No. 17-10663 (5th Circuit, Jun 17,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...

Judge(s):

Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Mass Torts
• SEC Issues
• FRBP 9019
• 11 U.S.C § 541

Life Partners Creditors' Trust, et al v. James Sun

• Summarized by J. Newman , Newman & Newman
• 5 years 7 months ago

Citation:

No. 17-11477 (5th Circuit, May 31,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND

Judge(s):

ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• SEC Issues
• 11 USC 502(d)
• 11 USC 510(c)
• 544
• 11 U.S.C. § 548(a)(1)(A) and (B)
• 11 U.S.C. § 547
• and 11 U.S.C § 550

SEC, et al v. Albert Kaleta

• Summarized by Lars Fuller , BakerHostetler
• 5 years 7 months ago

Citation:

18-20579 (5th Circuit, May 15,2019) Not Published

Case Status:

Dismissed

Ruling:

In non-bankruptcy SEC receivership case, 5th Circuit dismissed for lack of jurisdiction movants' appeal of district court's (SD Tex.) denial of their motion for leave to sue SEC receiver and motion...

Judge(s):

Stewart, Graves, Duncan

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Professional Practice Areas
• Commercial Fraud
• SEC Issues

Cooley-Linder v. Behrends (In re Behrends)

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 6 years 8 months ago

Citation:

15-1420 (10th Circuit, Nov 14,2016) Not Published

Case Status:

Affirmed

Ruling:

The Court of Appeals for the Tenth Circuit affirmed the bankruptcy court's (D. Colo.) holding that the debtor’s obligation pursuant to a default judgment obtained by creditors in state court...

Judge(s):

Tymkovich (author), Bacharach, Moritz

Tag(s):

• 10th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• Discharge/Dischargeability
• SEC Issues
• 11 U.S.C. § 523(a)(19)

Garner v. Pillar Life Settlement Fund I, L.P. (In the Matter of Life Partners, Inc.)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 years 1 month ago

Citation:

16-11436 (5th Circuit, Nov 29,2017) Not Published

Case Status:

Dismissed

Ruling:

The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...

Judge(s):

BARKDALE, DENNIS, CLEMENT

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• SEC Issues

S.E.C. v. Wells Fargo Bank, N.A.

• Summarized by David Bury , Stone & Baxter, LLP
• 7 years 10 months ago

Citation:

16-10942 (11th Circuit, Feb 22,2017) Published

Case Status:

Reversed and Remanded

Ruling:

The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...

Judge(s):

Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)

Tag(s):

• 11th Circuit
• Claims
• SEC Issues

Cottle v. AZ Corp. Commission (In re Cottle)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 2 months ago

Citation:

BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)

Ruling:

BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...

Judge(s):

Jury, Faris, Lafferty

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Automatic Stay
• Claims
• Bankruptcy Litigation
• Practice and Procedure
• SEC Issues
• Rule 7012
• 11 U.S.C § 554
• § 362

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