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Summaries by David Treacy

Chenault-Vaughan Fam. P'ship v. MDC Reeves Energy, LLC (In re MTE Holdings LLC)

Citation:
No. 23-1916 (3rd Circuit, May 07,2025) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Court of Appeals for the Third Circuit held a magistrate judge properly exercised jurisdiction to enter a final judgment in an appeal from an adversary proceeding pursuant to 28 U.S.C. §...
Judge(s):
BIBAS, FREEMAN, and ROTH
Tag(s):

Aquilino v. Spector Gadon Rosen & Vinci P.C. (In re Aquilino)

Citation:
No. 24-1781 (3rd Circuit, Apr 24,2025) Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Third Circuit reinstated a bankruptcy court's order sanctioning the Appellee Law Firm by (a) disgorging all fees it collected from the ch. 7 Debtors/Appellants as...
Judge(s):
KRAUSE, PORTER, and ROTH
Tag(s):

Smith v. MedLegal Sols., Inc. (In re Smith)

Citation:
No. 24-50494 (5th Circuit, Apr 02,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
Judge(s):
Elrod, Higginbotham, and Ramirez
Tag(s):

Michaelson v. Wassmann (In re Promise Healthcare Group, LLC)

Citation:
No. 24-2159 (3rd Circuit, Mar 03,2025) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
Judge(s):
RESTREPO, PORTER, and RENDELL
Tag(s):

Reis v. Garvin (In re Reis)

Citation:
No. 24-4201 (9th Circuit, Feb 26,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
Judge(s):
GOULD, NGUYEN, and BENNETT
Tag(s):

Avianca Holdings S.A. v. Burnham Sterling & Co. LLC (In re Avianca Holdings S.A.)

Citation:
24-255-bk (2nd Circuit, Feb 03,2025) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...
Judge(s):
WESLEY, LYNCH, and KAHN
Tag(s):

Marshak v. Hyundai Steel Co. (In re Prime Metals U.S.A., Inc.)

Citation:
No. 24-53 (9th Circuit, Dec 06,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...
Judge(s):
OWENS, LEE, and KOH
Tag(s):

Fin. Oversight & Mgmt. Bd. v. U.S. Bank N.A. (In re Fin. Oversight & Mgmt. Bd.)

Citation:
23-2036, 23-2049, 23-2050, 23-2052, 23-2053, 23-2054, 23-2057 (1st Circuit, Nov 13,2024) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Circuit Court for the First Circuit held (1) parties holding revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA) have a non-recourse claim on PREPA's estate for the...
Judge(s):
Kayatta, Howard, and Rikelman
Tag(s):

TooBaRoo, LLC v. Olsen (In re Western Robidoux, Inc.)

Citation:
24-6006 (8th Circuit, Oct 21,2024) Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from a bankruptcy court's order granting a Chapter 7 Trustee's application to employ a law firm as special counsel. ...
Judge(s):
RIDGWAY, SURRATT-STATES, and JONES
Tag(s):

TICO Const. Co., Inc. v. Van Meter (In re Powell)

Citation:
No. 22-60052 (9th Circuit, Oct 01,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a debtor's motion to voluntarily dismiss his chapter 13 case under 11 U.S.C. § 1307(b) over a...
Judge(s):
Forrest and Sung (majority), and Collins (dissent)
Tag(s):

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