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Summaries by David Treacy

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):

Delaney v. Messer (In re Delaney)

Citation:
No. 23-434 (L) (2nd Circuit, Aug 08,2024) Published
Case Status:
Dismissed
Ruling:
For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...
Judge(s):
JACOBS, PARK, and NATHAN
Tag(s):

Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans (In re: Roman Catholic Church of the Archdiocese of New Orleans)

Citation:
No. 23-30565 (5th Circuit, Jul 17,2024) Not Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...
Judge(s):
King, Jones, and Oldham
Tag(s):

Windstream Holdings, Inc. v. Charter Communications Operating, LLC (In re Windstream Holdings, Inc.)

Citation:
No. 22-2891-bk (2nd Circuit, Jun 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...
Judge(s):
Livingston, Cabranes, and Kahn
Tag(s):

In re: WITCHEY ENTERPRISES, INC.

Citation:
No. 23-1883 (3rd Circuit, Jun 04,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a district court's determination that a bankruptcy court did not abuse its discretion in denying fees to a chapter 11 debtor's counsel based...
Judge(s):
KRAUSE, CHUNG, RENDELL
Tag(s):

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