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Silva v. Pro Transport, Inc.

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 years 6 months ago
Citation:
17-12744 (11th Circuit, Aug 10,2018) Published
Case Status:
Reversed
Ruling:
Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...
Judge(s):
W Pryor, J Pryor Anderson
Tag(s):

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

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 8 years 4 months ago
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)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 8 years 5 months ago
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)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 8 years 5 months ago
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)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 9 years 1 month ago
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.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 9 years 2 months ago
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.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 10 years 2 months ago
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)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 10 years 5 months ago
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.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 11 years 1 month ago
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.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 11 years 5 months ago
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):

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