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Summaries by David Treacy

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):

Erickson v. Wilson-Aguilar (In re Erickson)

Citation:
No. 23-60037 (9th Circuit, Sep 24,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
Tag(s):

Byrnes v. Byrnes (In re Byrnes)

Citation:
No. 24-2015 (10th Circuit, Sep 17,2024) Not Published
Case Status:
Affirmed
Ruling:
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
Judge(s):
Holmes, Hartz, and Rossman
Tag(s):

OHI Asset (VA) Martinsville SNF, LLC v. Wagner (In re Wagner)

Citation:
No. 22-13642 (11th Circuit, Sep 11,2024) Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court, held a bankruptcy court correctly rejected a request to bar a debtor's discharge for making a knowing and fraudulent...
Judge(s):
JORDAN, BRASHER, and ABUDU
Tag(s):

Cogan v. Trabucco

Citation:
No. 22-16948 (9th Circuit, Aug 21,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a district court erred in dismissing a declaratory judgment action under the Rooker-Feldman doctrine. The appellant--counsel for bankruptcy...
Judge(s):
Smith, Bennett, Collins
Tag(s):

Scott v. The Children's Hospital of Philadelphia

Citation:
23-2609 & 23-2610 (3rd Circuit, Aug 20,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit held a district court didn't abuse its discretion in dismissing the appellant's employment discrimination cases, without prejudice, based on judicial...
Judge(s):
Krause, Matey, Chung
Tag(s):

Stadtmauer v. Tulis (In re Nordlicht)

Citation:
22-1223-bk (2nd Circuit, Aug 15,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...
Judge(s):
Livingston, Sack
Tag(s):

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