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Summaries by David Treacy

In re: Purdue Pharma L.P.

Citation:
NOS. 22-110-bk (L), 22-113-bk, 22-115-bk, 22-116-bk, 22-117-bk, 22-119-bk, 10 22-121-bk, 22-299-bk, 22-203-bk (2nd Circuit, May 30,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...
Judge(s):
Newman, Wesley, and Lee
Tag(s):

First Foundation Bank v. Ramin Pourteymour (In re: Pourteymour)

Citation:
SC-22-1008-GFB, SC-22-1009-GFB, SC-22-1010-GFB (9th Circuit, Apr 12,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's orders dismissing a chapter 11 case pursuant to 11 U.S.C. § 1112(b) and denying a creditor's pending motions...
Judge(s):
GAN, FARIS, and BRAND
Tag(s):

Murray v. Safir Law P.L.C. (In re Murray)

Citation:
22-1514 (6th Circuit, Mar 29,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit concluded that a bankruptcy court did not abuse its discretion in declining to exercise residual jurisdiction over claims alleged in an adversary...
Judge(s):
COLE, CLAY, and GRIFFIN
Tag(s):

Dale & Klein, L.L.P. v. Owsley (In re Owsley)

Citation:
No. 22-40283 (5th Circuit, Mar 09,2023) Not Published
Case Status:
Affirmed
Ruling:
After the U.S. Bankruptcy Court for the Southern District of Texas did not approve all fees requested in a law firm's fee application, the district court affirmed most of the fee reductions. On...
Judge(s):
Richman, Haynes, and Graves
Tag(s):

EL DORADO LIQUIDATION ASSOC., LLC V. MACK (In re: DARIN A. MACK and DEBORAH L. MACK)

Citation:
BAP No. AZ-22-1140-LSF (9th Circuit, Mar 07,2023) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit's Bankruptcy Appellate Panel held the bankruptcy court properly dismissed with prejudice a judgment creditor's claim to except a debt from the debtors' discharge based on...
Judge(s):
LAFFERTY, SPRAKER, and FARIS
Tag(s):

Licup v. Jefferson Ave. Temecula, LLC (In re Licup)

Citation:
BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Judge(s):
GAN, BRAND, and SPRAKER
Tag(s):

Digital Media Solutions, LLC, et al. v. S. Univ. of Ohio, LLC, et al.

Citation:
No. 21-4014 (6th Circuit, Feb 07,2023) Published
Case Status:
Reversed
Ruling:
Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...
Judge(s):
Gibbons, Rogers, Murphy
Tag(s):

In re: JOSE HUMBERTO AGUILAR GALVAN

Citation:
BAP No. CC-22-1106-LCF (9th Circuit, Jan 30,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
Judge(s):
LAFFERTY, CORBIT, and FARIS
Tag(s):

Highland Captl v. Highland Captl Mgmt

Citation:
22-10189 (5th Circuit, Jan 11,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
Judge(s):
King, Stewart, and Haynes
Tag(s):

Melissa Monday-West v. Wells Fargo Bank, N.A

Citation:
20-6381 (6th Circuit, Nov 09,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court's dismissal of tort claims under Kentucky law against Wells Fargo Bank, N.A. related to its wrongful denial of requests for...
Judge(s):
BOGGS, LARSEN, and DAVIS
Tag(s):

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