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Bay Point Capital Partners II, LP v. Thomas Switch Holding, Llc

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):

Van Deelen v. Dickson

Citation:
23-20436 (5th Circuit, Aug 20,2024) Published
Case Status:
Reversed and Remanded
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):

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):

Henry Stursberg Plaintiff - Appellant v. Morrison Sund PLLC Defendant

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):

McIntyre v. Active Energies Solar, et al.

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):

LTL MANAGEMENT LLC

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):

Crabtree v. Allstate Property

Citation:
23-60537 (5th Circuit, Jul 18,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit certified to the Mississippi Supreme Court the narrow issue of whether the Mississippi champerty statute (Miss. Code Ann. § 97-9-11) voids the assignment of a cause of action...
Judge(s):
Smith, Wiener, and Douglas, Circuit Judges
Tag(s):

FOMB v. AmeriNational Community Services, LLC District Court of Puerto Rico, San Juan

Citation:
23-1747 (1st Circuit, Jul 17,2024) Published
Case Status:
Affirmed
Ruling:
Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
Judge(s):
Montecalvo, Lipez, and Rikelman, Circuit Judges
Tag(s):

IN RE: TIFFANY D. SMITH

Citation:
22-3418 (3rd Circuit, May 22,2024) Published
Case Status:
Affirmed
Ruling:
Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...
Judge(s):
JORDAN, BIBAS, and PORTER
Tag(s):

Patricia Lee v. U.S. Bank National Association

Citation:
21-13887 (11th Circuit, May 23,2024) Published
Case Status:
Affirmed
Ruling:
In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...
Judge(s):
WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges
Tag(s):

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