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Summaries by Daniel Waxman
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 2 years 2 months ago
- Citation:
- 20-1136 (3rd Circuit, Mar 19,2021) Published
- Case Status:
- Affirmed
- Ruling:
- "Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
- Judge(s):
- Jordan, Krause, and Restrepo
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 2 years 10 months ago
- Ruling:
- Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
- Judge(s):
- Cole, McKeague, Stranche
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 3 years 6 months ago
- Citation:
- 18-1940 (2nd Circuit, Nov 19,2019) Published
- Case Status:
- Affirmed
- Ruling:
- New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
- Judge(s):
- Jacobs, Sack, Hall
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 4 years 5 months ago
- Citation:
- 17-6310 (6th Circuit, Dec 28,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
- Judge(s):
- Merritt, Daughtrey, and Stranch
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 4 years 10 months ago
- Citation:
- 17-3159 (3rd Circuit, Jul 17,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Profit-sharing provision in a lease triggered upon assignment of the lease is an unenforceable anti-assignment provision pursuant to 11 U.S.C. 365(f)(1)
- Judge(s):
- McKee, Shwartz, Cowen
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 5 years 1 week ago
- Citation:
- 17-1877 (6th Circuit, May 30,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
- Judge(s):
- Moore, Cook, and McKeague
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 5 years 2 months ago
- Citation:
- 17-2809 (7th Circuit, Mar 22,2018) Published
- Case Status:
- Affirmed
- Ruling:
- 1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
- Judge(s):
- Flaum, Bauer, and Manion
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 5 years 9 months ago
- Citation:
- 16-1712 (7th Circuit, Aug 08,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Settlement of cause of action between plaintiff and defendant where defendant agrees to a judgment in the full amount of the claim and assigns its claim against its insurer (who has declined...
- Judge(s):
- Posner, Williams, and Sykes
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 5 years 10 months ago
- Citation:
- 15-3094, 15-3095, 15-3096, 15-3097, 15-3121, 15-3123, 15-3124, (3rd Circuit, Jul 19,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
- Judge(s):
- Ambro, Jordan and Fisher
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 5 years 11 months ago
- Citation:
- 16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
- Case Status:
- Affirmed
- Ruling:
- 'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
- Judge(s):
- Sutton, Daughtrey, and Donald (dissenting)
- Tag(s):
-
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