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Schnitzel, Inc. v. Sorensen

Summarizing by Bradley Pearce

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Summaries by Weston Eguchi

Scharrer v. Schron (In re Fundamental Long Term Care, Inc.)

Citation:
16-16462 (11th Circuit, Oct 19,2017) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
Tag(s):

Boyd v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

Citation:
16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
Judge(s):
Chin, Droney, Restani
Tag(s):

Phoenician Mediterranean Villa, LLC v. Swope (In re J&S Properties)

Citation:
16-3366 (3rd Circuit, Sep 28,2017) Published
Case Status:
Affirmed
Ruling:
As trustees are government officials, the doctrine of "qualified immunity" applies to discretionary actions taken by a trustee to preserve the estate's assets. "Qualified immunity" shields...
Judge(s):
Hardiman, Roth, Fisher
Tag(s):

Mooney v. Webster (in re Mooney)

Citation:
No. 15-11229 (11th Circuit, Jan 28,2017) Published
Case Status:
Affirmed
Ruling:
Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
Judge(s):
Hull, Pryor and Conway (D.J.)
Tag(s):

Tidwell v. JPMorgan Chase Bank, N.A. (In re Prommis Holdings, Inc.)

Citation:
15-4097 (3rd Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

District Court properly dismissed appellant-pro se litigant's appeal for lack of prosecution based on the six-factor test under Poulis v State Farm, 747 F.2d 863 (3d Cir. 1984). ...

Judge(s):
Ambro, Krause and Nygaard
Tag(s):

Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

Citation:
No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)
Ruling:
Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with...
Judge(s):
D. Jacobs, R. Lohier, G. Crawford (sitting by designation)
Tag(s):

ADAR 980 Realty, LLC v. Avraham Sofer (In re Avraham Sofer)

Citation:
No. 14-3464-bk (Summary Order) (2d Cir. Sept. 1, 2015)
Ruling:
Appellant lacked prudential standing because it failed to demonstrate a sufficient particularized injury. "The prudential standing rule normally bars litigants from asserting the rights or legal...
Judge(s):
Calabresi, Straub, Pooler.
Tag(s):

Harbour Trust Co. Ltd. v. Aaron (In re Plusfunds Group, Inc.)

Citation:
Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)
Ruling:
Second Circuit held that the bankruptcy court abused its discretion when it denied a motion to reopen the bankruptcy case without considering what prejudice, if any, would result from granting the...
Judge(s):
Winter, Cabranes, Raggi
Tag(s):

State of Mich. Workers' Comp. Ins. Agency v. ACE Am. Ins. Co. (In re DPH Holdings Corp.)

Citation:
No. 13-3305-bk (Summary Order)
Ruling:
Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require...
Judge(s):
Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
Tag(s):

Sapere Wealth Mgmt LLC v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

Citation:
No. 12-4254-bk (2d Cir. Dec. 6, 2013) (Summary Order)
Ruling:
Affirming District Court's judgment, dismissing Appellants' appeal from the Bankruptcy Court's order for lack of jurisdiction on the basis that the Bankruptcy Court's order was interlocutory rather...
Judge(s):
Walker, Cabranes, Lohier
Tag(s):

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