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Summaries by David Treacy

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):

Shay v. Hoffman (In re Metschan)

Citation:
No. 23-15861 (9th Circuit, Apr 05,2024) Not Published
Case Status:
Dismissed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held (1) it lacked jurisdiction to review a bankruptcy court's decision to permissively abstain; (2) the appellant waived any due process argument...
Judge(s):
PAEZ, WALLACH, and NGUYEN
Tag(s):

Gray v. United States

Citation:
2023-1955 (Federal Circuit, Apr 05,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Federal Circuit affirmed an order dismissing a civil lawsuit filed pro se by the Plaintiff/Appellant against the federal government in the U.S. Court of Federal...
Judge(s):
PROST, TARANTO, and HUGHES
Tag(s):

Charitable DAF Fund v. Highland Cap. Mgmt., L.P. (In re Highland Cap. Mgmt., L.P.)

Citation:
No. 22-11036 (5th Circuit, Apr 04,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...
Judge(s):
Dennis, Engelhardt, and Oldham
Tag(s):

Jaurigui v. Mover (In re Swing House Rehearsal & Recording, Inc.)

Citation:
No. 23-60028 (9th Circuit, Mar 27,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's post-trial judgment excepting a debt from discharge. A dissenting judge would have remanded on one issue-whether the...
Judge(s):
GRABER, GOULD, and FORREST
Tag(s):

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