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Summaries by Bradley Pearce
- Citation:
- 22-15109 and 22-16341 (9th Circuit, Sep 16,2024) Published
- Case Status:
- Affirmed
- Ruling:
- An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
- Judge(s):
- Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges [*United States Court of Appeals for the Seventh Circuit, sitting by designation]
- Tag(s):
-
- Ruling:
- Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...
- Judge(s):
- KRAUSE, PORTER, and AMBRO, Circuit Judges
- Tag(s):
-
- Citation:
- 23-60005 (9th Circuit, Sep 09,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
- Judge(s):
- Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
- Tag(s):
-
- Ruling:
- Avoidance under 11 U.S.C. § 724(a) of the portion of a tax lien for penalties does not alter the priority of the amount of the tax authority's unavoided lien claim against the proceeds of the...
- Judge(s):
- Susan P. Graber, Roopali H. Desai, and Ana de Alba, Circuit Judges
- Tag(s):
-
- Citation:
- 23-11432 (11th Circuit, Aug 26,2024) Published
- Case Status:
- Affirmed
- Ruling:
-
The Court of Appeals concluded that the bankruptcy court's determination of the value of a bitcoin mining property was not clearly erroneous. Specifically, the Court of Appeals found that the...
- Judge(s):
- WILLIAM PRYOR, Chief Judge, and JILL PRYOR, and BRASHER, Circuit Judges
- Tag(s):
-
- Ruling:
- When a confirmed Chapter 11 plan includes provisions protecting third parties from certain claims, the bankruptcy court has statutory, core jurisdiction over a complaint against the protected...
- Judge(s):
- Higginson, Willett, and Oldham, Circuit Judges
- Tag(s):
-
- 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):
-
- Citation:
- 23-1186 (8th Circuit, Aug 13,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Dismissal of an involuntary bankruptcy petition under the abstention statute, 11 U.S.C. § 305(a), does not deprive the debtor of its rights to seek fees and damages under 11 U.S.C. § 303(i), and...
- Judge(s):
- SMITH, Chief Judge, LOKEN and COLLOTON
- Tag(s):
-
- Citation:
- 23-1052 (10th Circuit, Aug 02,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...
- Judge(s):
- MATHESON, EID, and CARSON, Circuit Judges
- Tag(s):
-
- Citation:
- 23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
- Judge(s):
- RESTREPO, FREEMAN, and AMBRO, Circuit Judges
- Tag(s):
-
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