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Summaries by David Treacy

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):

CLO HoldCo, Ltd. v. Kirschner (In re Highland Cap. Mgmt. LP)

Citation:
No. 23-10660 (5th Circuit, May 21,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...
Judge(s):
Smith, Haynes, and Douglas
Tag(s):

Trinity High Sch., Inc. v. Sanderfer (In re Sanderfer)

Citation:
No. 23-8023 (6th Circuit, May 24,2024) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court erred in granting summary judgment to a debtor/appellee on a creditor/appellant's claim to except a debt from her...
Judge(s):
BAUKNIGHT, GREGG, and STOUT
Tag(s):

Airport Business Center v. Alfahel (In re Alfahel)

Citation:
No. 23-60026 (9th Circuit, May 20,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in its application of the "two-dismissal rule" in Federal Rule of Civil Procedure 41(a)(1)(B) to a third motion...
Judge(s):
S.R. THOMAS, CALLAHAN, and SANCHEZ
Tag(s):

Brown v. Chamouille (In re Brown)

Citation:
No. 23-60035 (9th Circuit, May 13,2024) Not 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 summary judgment finding a debtor owed his sister-in-law a non-dischargeable debt based on his...
Judge(s):
TALLMAN, FORREST, and BUMATAY
Tag(s):

Pub. Emps. Ret. Ass'n of N.M. v. Earley (In re PG&E Corp. Sec. Litig.)

Citation:
No. 22-16711 (9th Circuit, May 03,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...
Judge(s):
Wallace, Boggs, Forrest
Tag(s):

Szanto v. Amborn (In re Szanto)

Citation:
No. 22-60015 (9th Circuit, Apr 17,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in awarding compensation to a law firm for work performed in a Singapore proceeding. The...
Judge(s):
O'Scannlain, Fernandez, and Silverman
Tag(s):

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