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Summaries by Michael Cooley

In re Chieftain Steel, LLC

Citation:
19-8005 (6th Circuit, Apr 08,2020) Not Published
Case Status:
Affirmed
Ruling:
The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
Judge(s):
Dales, Mashburn, and Price Smith
Tag(s):

Whirlpool v. Wells Fargo Bank (In re HHGregg)

Citation:
18-3363 (7th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...
Judge(s):
Sykes, Hamilton, and Scudder
Tag(s):

Raphael Glapion v. John Mashburn

Citation:
WO-19-030 (10th Circuit, Jan 30,2020) Not Published
Case Status:
Affirmed
Ruling:
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
Judge(s):
Nugent, Michael, and Mosier
Tag(s):

Port of Corpus Christi Auth v. Sherwin Alumina Company L.L.C.

Citation:
18-40557 (5th Circuit, Aug 06,2019) Published
Case Status:
Affirmed
Ruling:
The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
Judge(s):
Higginbotham, Smith, and Higginson
Tag(s):

Thomas v. Department of Education (In re Thomas)

Citation:
18-11091 (5th Circuit, Jul 30,2019) Not Published
Case Status:
Affirmed
Ruling:
Reaffirming its commitment to the Brunner test to determine the dischargeability of student loans, the Fifth Circuit affirmed the lower courts’ refusal to discharge a chapter 7 debtor’s student...
Judge(s):
Jones, Ho, and Oldham
Tag(s):

SE Property Holdings, LLC v. David Stewart (In re- Stewart)

Citation:
WO-18-068 (10th Circuit, Jun 04,2019) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion by imposing a $25,000 saction against an attorney for failure to disclose compensation received as required by 11 USC 329 and Fed. R. Bankr. P....
Judge(s):
Somers, Mosier, and Marker
Tag(s):

Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

Citation:
BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...
Judge(s):
Michael, Romero, and Somers
Tag(s):

Mendez-Nunez v. FOMB

Citation:
18-1773 (1st Circuit, Feb 20,2019) Published
Case Status:
Affirmed
Ruling:
Claims challenging the PROMESA Board’s decisions to not certify Puerto Rico’s fiscal plan and to instead certify a fiscal plan of its own development were properly dismissed for lack of subject...
Judge(s):
Lynch, Souter (by designation), Stahl
Tag(s):

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