per curiam

Houlihan Lokey Howard & Zukin Capital v. High River Ltd. Pship (In re XO Communs.)

Appellant financial company sought review of an order from the United States District Court for the Southern District of New York, which upheld a bankruptcy court's award of $ 4 million to the company for financial restructuring services to appellee debtor.
Ruling: 
Drastically reduced award of fees to financial company that provided debtor with restructuring services remanded due to ambiguities in bankruptcy court opinion.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1108-135

Kaiser-Francis Oil Co. v. Oklahoma (In re Waterford Energy)

Appellant, a chapter 11 debtor's successor, appealed a bankruptcy court order, affirmed by the United States District Court for the Southern District of Texas, dismissing an adversary proceeding against appellee Commissioners of the Land Office (CLO) for a declaration that its liability on pre-confirmation claims had been discharged under the debtor's plan and 11 U.S.C.S. § 1141(d) and that 11 U.S.C.S. § 524(a)(2) enjoined any state court claims.
Ruling: 
Debtor's liability on prepetition claims was not discharged where notice to creditors was insufficient under state law.
Court: 5th Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on September 30,2008, LexisNexis #1008-139

Weaver v. Harmon Law Offices P.C. (In re Weaver)

Defendants attempted to appeal from a bankruptcy court decision under 28 U.S.C. § 158(d)(2), which permitted direct appeals to the court of appeals, with that court's permission, from bankruptcy court decisions under certain circumstances, including where the bankruptcy court certified that the appeal satisfied the statutory criteria for permitting such a direct appeal. The court issued a show-cause order why the appeal should not be dismissed.
Ruling: 
Direct appeal from bankruptcy court of dismissed due to failure to seek authorization of appellate court.
Court: 1st Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1008-091

Chartschlaa v. Nationwide Mut. Ins. Co.

Plaintiff insurance agent and agency sued on several claims arising out of defendant insurers' termination of their relationship. The U.S. District Court for the District of Connecticut entered judgment for plaintiffs. The insurers appealed, and plaintiffs cross-appealed the district court's denial of their motion for prejudgment interest and grant of the insurers' motion for judgment as a matter of law on one of their claims.
Ruling: 
Debtor's renamed insurance agency and claims under agency agreement were property of the estate.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on August 14,2008, LexisNexis #0908-023

Strong v. Western United Life Assurance Co. (In re Tri-Valley Distrib.)

Plaintiff debtors and unsecured creditors sued defendant company, alleging, inter alia, fraudulent transfer and negligent lending stemming from a loan to a creditor. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's order denying the company's motion to dismiss as to claims related to a transferred property, but dismissing all other claims. The parties cross-appealed and moved to dismiss the appeals.
Ruling: 
Order that did not fully resolve adversary proceeding was not a final appealable order.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-069

Kane v. National Union Fire Ins. Co.

Plaintiffs, an injured driver and his wife, appealed a grant of summary judgment by the United States District Court for the Eastern District of Louisiana in favor of defendants, a second driver and his employer, in a personal injury action. Plaintiffs' bankruptcy trustee also appealed the denial as moot his motion to be substituted as the real party in interest after the trustee reopened plaintiffs' bankruptcy under 11 U.S.C.S. § 350(b).
Ruling: 
District court erred in granting summary judgment in debtor's personal injury case for failure to schedule the action as the action was an asset of the estate.
Court: 5th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0808-065

Jennings v. Maxfield (In re Jennings)

Plaintiff debtor appealed from an order in which the United States District Court for the Middle District of Florida affirmed a bankruptcy court's judgment and order under 11 U.S.C.S. § 727(a)(2)(A) denying the debtor's discharge.
Ruling: 
Debtor's premature payment of $130,000 for improvements to Florida homestead was proper grounds for denial of discharge.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-068

Espinosa v. United States Aid Funds Inc.

Plaintiff debtor petitioned a bankruptcy court for an order holding defendant creditor in contempt for violating a discharge injunction, under 11 U.S.C.S. § 524(a)(2). The creditor cross-moved for relief from the bankruptcy court's order confirming a chapter 13 bankruptcy plan. The bankruptcy court held that the creditor violated the discharge injunction. The United States District Court for the District of Arizona reversed. The debtor appealed.
Ruling: 
Finding that student loan creditor violated discharge injunction reversed and remanded as contrary to terms of debtor's plan.
Court: 9th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on June 24,2008, LexisNexis #0708-102

Caplin & Drysdale Chartered v. Babcock & Wilcox Co. (In re Babcock & Wilcox Co.)

Appellant, the law firm representing a debtor, appealed a judgment from the United States District Court for the Eastern District of Louisiana affirming a bankruptcy court's decision denying the firm's 11 U.S.C.S. § 1103(a) attorney fee application, which sought fees at the firm's full hourly rate for travel time not spent working. Appellees were the bankruptcy trustee, the corporate debtor, and the unsecured creditor's committee.
Ruling: 
Bankruptcy court did not abuse discretion in awarding attorneys' fees for travel time at partial rate.
Court: 5th Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on May 01,2008, LexisNexis #0608-027

In re Chim

Chapter 7 debtor filed a motion to approve a reaffirmation agreement with a lender pursuant to 11 U.S.C.S. § 524(c).
Ruling: 
Court declined to approve reaffirmation agreement due to presumption of undue hardship.
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Consumer case opionion summary, case decided on January 25,2008, LexisNexis #0208-117

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