- 11 U.S.C.
Generation Res. Holding Co., LLC, In re--Rajala v. Spencer Fane LLP
Jul
10
2020
Ruling
Trustee could not recover legal fees where law firms were neither initial nor subsequent transferees as they never received the transferred property. (10th Cir.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Court
:
( Judge McHugh ) [ Circuit Court ]
- 11 U.S.C.
Belton, In re--Belton v. GE Capital Retail Bank
Jun
16
2020
Ruling
Proceeding for violation of the discharge order was not an arbitrable dispute. (2d Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
( Judge Sullivan ) [ Circuit Court ]
- 11 U.S.C.
Blixseth v. Credit Suisse
Jun
11
2020
Ruling
District court's dismissal of objection to exculpation clause in settlement with creditors affirmed. (9th Cir.)
Issue(s)
Effect of Discharge; Liability of Other Entities Not Affected.
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Court
:
( Judge Berzon ) [ Circuit Court ]
- 11 U.S.C.
In re Fin. Oversight & Mgmt. Bd.
Mar
19
2020
Ruling
District court did not err in denying bondholders’ motion to be appointed as trustees to bringavoidance actions against the Government of Puerto Rico. (1st Cir.)
Issue(s)
Avoiding Powers.
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Court
:
1st Circuit ( ) [ Circuit Court ]
Ross, In re
Jun
08
2017
Ruling
Filing injunction imposed against debtor was an abuse of discretion as it barred debtor from filing bankruptcy absent the bankruptcy court's express permission. (3d Cir.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
( Judge Vanaksie ) [ Circuit Court ]
Tronox Inc., In re--Tronox Inc. v. Kerr-McGee Corp.
Apr
20
2017
Ruling
Court dismissed plaintiffs' appeal for lack of jurisdiction as their perosnal injury claims based on the conduct of the debtors were generalized "derivative" claims that fall within the property of the bankruptcy estate. (2d Cir.)
Issue(s)
Final Decisions of District Courts.
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Court
:
( Judge Wesley ) [ Circuit Court ]
Salamon, In re--Mastan v. Salamon
Apr
20
2017
Ruling
Creditor could not transform its non-recourse claim into a recourse claim as the property securing the lien had already been foreclosed upon by a senior lienholder. (9th Cir.)
Issue(s)
Claims and Interests; Claims Secured by Liens.
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Court
:
9th Circuit ( ) [ Circuit Court ]
- 11 U.S.C.
Porter v. Nabors Drilling USA, L.P.
Apr
20
2017
Ruling
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
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Court
:
( Judge Clifton ) [ Circuit Court ]
- 11 U.S.C.
Curran, In re--Privitera v. Curran
Apr
20
2017
Ruling
Bankruptcy court did not abuse its discretion in dismissing a creditor's claim under 523(a)(2)(B) as the creditor had not pled either material falsity or misrepresentation. (1st Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
( Judge Selya ) [ Circuit Court ]
Blixseth v. Yellowstone Mt. Club, LLC
Apr
18
2017
Ruling
Plaintiff's complaint contesting the dischargeability of a debt was dismissed as it was filed outside of the time allowed by Rule 4007(c). (Bankr. N.D. Ga.)
Issue(s)
Counsel’s Liability for Excessive Costs.
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Court
:
( ) [ Circuit Court ]