all - Opinion Summaries

HALVERSON v. FUNARO

Bankruptcy Law, Civil Procedure, Sanctions
Where the court, in denying a motion for summary judgment, acknowledges the legitimate basis for a suit, even though the plaintiff did not ultimately...

UNIVERSAL SUPPLIERS, INC. v. REG'L BLDG. SYS., INC.

Bankruptcy Law
The confirmation of a Chapter 11 reorganization plan extinguishes a creditor's liens even if the plan makes no mention of the liens.

WELZEL v. ADVOCATE REALTY INVS., LLC

Bankruptcy Law
Bankruptcy Code 11 USC 506(b) preempts a Georgia statute, Ga. Code Ann. 13-1-11, that authorizes a creditor to collect a fifteen-percent attorneys'...

SILVERMAN v. TRACAR, S.A.

Bankruptcy Law
In a Chapter 11 reorganization proceeding, a creditor who fails to appeal a post-confirmation order appointing a trustee is precluded from challenging...

BLACKWELL v. LURIE

Bankruptcy Law, Judgement Enforcement
Both Missouri law and federal law hold that upon reversal of a judgment, an appellant is entitled to restitution in the amount actually received by...

KANE v. TOWN OF HARPSWELL

Bankruptcy Law, Civil Procedure
A party cannot claim that res judicata from later judgments precludes timely appeal of the very judgment upon which those later judgments depended.

NEXTWAVE PERSONAL COMMUNICATIONS INC. v. FED. COMMUNICATIONS COMM'N

Bankruptcy Law, Communications Law
FCC violated the provision of the Bankruptcy Code prohibiting governmental entities from revoking debtors' licenses solely for failure to pay debts...

MCALPIN v. EDUC. CREDIT MGMT. CORP.

Bankruptcy Law, Civil Procedure
A bankruptcy court lacks jurisdiction under 28 USC 1334 to rule on the merits in an Objection to Claim Proceeding where the court has already granted...

SCHROEDER v. ROUSE

Attorney's Fees, Bankruptcy Law, Sanctions
Disgorgement of attorney's fees is an appropriate sanction where the attorney violated the Bankruptcy Code, the procedural rules, and the local rules...

NORDHOFF INVS., INC v. ZENITH ELECS. CORP.

Bankruptcy Law
Even if the debtor did not provide a copy of the revised plan until portions of the plan had been consummated, alleged futility does not relieve the...