Kingdom Fresh Produce Inc. v. Stokes Law office L.L.P. (In re Delta Produce L.P.)
Mar
11
2016
Ruling
District court order vacating final special counsel's fee award for litigating Perishable Agricultural Commodities Act claims affirmed.
Issue(s)
Can special counsel's fees and expenses be disbursed from the Perishable Agricultural Commodities Act fund?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Judgment Factors L.L.C. v. Packer (In re Packer)
Mar
10
2016
Ruling
Denial of discharge properly denied absent evidence of concealment or transfer of assets.
Issue(s)
Did the bankruptcy and district courts err in finding that debtor did not act in any way that merited the denial of a discharge?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Schaumburg Bank & Trust Co. N.A. v. Alsterda
Mar
04
2016
Ruling
Approval of a particular settlement was not a final order appealable by creditor.
Issue(s)
Whether the approval of a particular settlement is a "stand-alone dispute" that would be its own case outside of the bankruptcy and therefore a final appealable order?
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Court
:
Judge or Jurisdiction information not available
U.S. Bank N.A. v. Vill. at Lakeridge LLC (In re Vill. at Lakeridge LLC)
Feb
08
2016
Ruling
Bankruptcy court finding that buyer was not a non-statutory insider was not clearly erroneous.
Issue(s)
Did bankruptcy court err in holding that the buyer of an unsecured claim was not a non-statutory insider of debtor?
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Starion Fin. v. McCormick (In re McCormick)
Feb
01
2016
Ruling
Circuit court lacked jurisdiction over appeal of bankruptcy appellate panel's remand of attorneys' fees dispute to the bankruptcy court.
Issue(s)
Whether a circuit court had jurisdiction, under 28 U.S.C.S. § 158(d)(1), over an appeal relating to the payment of attorney's fees in a bankruptcy proceeding when the bankruptcy appellate panel (BAP) ordered the bankruptcy court on remand to determine the timeliness of the fee request.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stubbs & Perdue P.A. v. Angell (In re Anderson)
Jan
29
2016
Ruling
IRS tax claim could not be subordinated to claim for debtor's bankruptcy attorneys' fees.
Issue(s)
Did secured tax claim take priority over debtor's attorneys' claim for fees?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)
Jan
28
2016
Ruling
Avoidance properly denied where creditor made transfer from proceeds of own collateral.
Issue(s)
Did the bankruptcy court err in holding that transfers from proceeds of accounts receivable in which creditor held a security interest were not preferential?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Zachary v. California Bank &Trust
Jan
28
2016
Ruling
Absolute priority rule continues to apply in individual post-BAPCPA chapter 11 cases.
Issue(s)
Whether the absolute priority rule under 11 U.S.C.S. § 1129(b)(2)(B)(ii) continued to apply in individual chapter 11 cases after BAPCPA.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sikirica v. Wettach (In re Wettach)
Jan
20
2016
Ruling
Bankruptcy court properly found transfers to be constructively fraudulent.
Issue(s)
Did the bankruptcy and district courts err in finding transfers to be constructively fraudulent?
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Court
:
Judge or Jurisdiction information not available
Harrington v. Simmons (In re Simmons)
Jan
20
2016
Ruling
Discharge denied due to failure to keep records or account for loss of assets.
Issue(s)
Was debtor's failure to provide a satisfactory explanation of the disposition of assets or keep adequate records properly held to be cause for a denial of discharge?
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Court
:
Judge or Jurisdiction information not available