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Summaries by Caleb Chaplain
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 1 year 6 months ago
- Citation:
- 23-5507 (6th Circuit, Aug 06,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The Sixth Circuit affirmed the bankruptcy court’s “Declaration Order,” which had clarified that its previous orders barred the lessor-appellant from challenging the validity of a lease...
- Judge(s):
- Gibbons, Bush, and Murphy
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 1 year 7 months ago
- Ruling:
- The Fourth Circuit held that § 327(a) does not permit former trustees to file post-hoc applications to employ professionals for work done while they were trustees if the case has already been...
- Judge(s):
- Quattlebaum, Richardson, and Wilkinson
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 1 year 7 months ago
- Citation:
- 23-10603 (5th Circuit, Jul 02,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
- Judge(s):
- Barksdale, Southwick, and Graves
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 1 year 8 months ago
- Citation:
- 23-11705 (11th Circuit, May 30,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Eleventh Circuit affirmed the decision of the bankruptcy court, because the debtor failed in her opening brief to address one of the two alternative holdings of the bankruptcy court. More...
- Judge(s):
- Newsom, Branch, and Anderson
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 1 year 10 months ago
- Ruling:
- The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
- Judge(s):
- Higginbotham, Smith, and Higginson
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 1 year 11 months ago
- Ruling:
- The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...
- Judge(s):
- Stewart, Clement, Ho
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 2 years 6 days ago
- Citation:
- 23-20104 (5th Circuit, Feb 20,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....
- Judge(s):
- Southwick, Engelhardt, and Wilson
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 2 years 6 months ago
- Citation:
- 22-8012 (6th Circuit, Aug 29,2023) Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...
- Judge(s):
- Bauknight, Dales, Gustafson
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 2 years 8 months ago
- Ruling:
- The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
- Judge(s):
- Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
- Tag(s):
-
- Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
- 3 years 4 months ago
- Ruling:
- The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
- Judge(s):
- Jones and Southwick
- Tag(s):
-
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