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Summaries by Solymar Castillo-Morales

POSHOW ANN KIRKLAND, ET AL V. JASO

Citation:
No. 22-55944 (9th Circuit, Aug 23,2024) Published
Case Status:
Affirmed
Ruling:
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
Tag(s):

Reyes-Colon v. Banco Popular de Puerto Rico District Court of Puerto Rico, San Juan

Citation:
22-1706 and 22-1715 (1st Circuit, Aug 01,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...
Judge(s):
Barron, Kayatta and Montecalvo
Tag(s):

Blumsack v. Harrington (In re Blumsack)

Citation:
BAP NO. 23-003 (1st Circuit, Mar 05,2024) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
Judge(s):
Godoy, Cary and Fagon
Tag(s):

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO

Citation:
23-1045 23-1046 23-1047 23-1048 23-1049 (c0nsolidated) (1st Circuit, Feb 09,2024) Published
Case Status:
Affirmed
Ruling:
The pre-petition work claims were not for "back pay attributable to any period of time occurring after commencement of the case" and thus did not qualify for administrative-expense priority under...
Judge(s):
Montecalvo, Lipez, and Thompson,
Tag(s):

Anytime Fitness v. Thornhill Brothers

Citation:
22-30757 Fifth Circuit (5th Circuit, Oct 27,2023) Published
Case Status:
Reversed and Remanded
Ruling:
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
Tag(s):

UTIER v. PREPA

Citation:
20-2041 (1st Circuit, Aug 12,2021) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
Judge(s):
Howard, Lynch, and Kayatta
Tag(s):

In re COOPERATIVA DE AHORRO Y CREDITO DR

Citation:
19-1391 (1st Circuit, Mar 02,2021) Published
Case Status:
Dismissed
Ruling:
The Court of Appeals dismissed the Credit Unions' challenge to the Title III court's confirmation of the COFINA Plan as equitably moot.
Judge(s):
Howard and Kayata
Tag(s):

In re Jeffrey Rockwell

Citation:
19-2074 (1st Circuit, Jul 30,2020) Published
Case Status:
Affirmed
Ruling:
Upon conversion to chapter 7, the homestead exemption claimed on the original chapter 13 case, maintains the status it held on the day of the filing of the bankruptcy petition.
Judge(s):
Thompson, Lipez, and Kayatta
Tag(s):

Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
Tag(s):

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