Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) – Held that a bankrupt company’s rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

In re Riley

(United States Fifth Circuit) – Held that a Chapter 13 debtor’s attorneys were not entitled to be reimbursed for advancing the costs of filing fees, credit counseling fees and credit report fees. Affirmed the bankruptcy court, in this case involving a federal judicial district’s "no-look fee" standing order.

Benjamin v SSA

(United States Fifth Circuit) – Reversed and remanded. Plaintiff received over-payment of Social Security disability payments and the SSA sought to recoup the over-payment. Plaintiff claimed that the SSA collected the over-payment before considering plaintiff’s waiver request. Plaintiff also filed for bankruptcy and lodged an adversarial proceeding against the SSA which the bankruptcy court dismissed. The issue for the Fifth circuit was whether the bankruptcy court had jurisdiction to hear plaintiff’s claims. The Fifth circuit ruled that the bankruptcy court had jurisdiction and remanded to the bankruptcy court.

Ashmore v. CGI Group Inc.

(United States Second Circuit) – Held that judicial estoppel did not bar a Sarbanes-Oxley Act whistleblower retaliation claim. The issue centered on whether the plaintiff employee had attempted to conceal his whistleblower lawsuit from the court in his bankruptcy proceeding. Vacated a dismissal in relevant part.

WHY Int’l, LLC v. Disbrow

May 7, 2019 Filing 4 Clerk’s Notice to Parties Re Administrative Order 2015-9 and Amendments to Federal Bankruptcy Rules and Local Rule 87.4 Re Processing of Bankruptcy Appeals (jc)
May 7, 2019 Filing 3 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc)
May 7, 2019 Filing 2 Bankruptcy Transmittal of re #1 Bankruptcy Appeal filed by WHY Int’l, LLC (Attachments: #1 Docket Sheet)(mon)
May 7, 2019 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT (received), Bankruptcy Court case number 18-01112-ADV-EPK, filed by WHY Int’l, LLC.(mon)

Sarhan v. H & H Investors Inc.

May 6, 2019 Filing 4 Clerk’s Notice to Parties Re Administrative Order 2015-9 and Amendments to Federal Bankruptcy Rules and Local Rule 87.4 Re Processing of Bankruptcy Appeals (jc)
May 6, 2019 Filing 3 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc)
May 6, 2019 Filing 2 Bankruptcy Transmittal of re #1 Bankruptcy Appeal filed by Robert Sarhan (Attachments: #1 Docket Sheet)(lle)
May 6, 2019 Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT (received), Bankruptcy Court case number 19-11214-BKC-LMI, filed by Robert Sarhan.(lle)

Leali v. Miami Beverly, LLC et al

May 3, 2019 Filing 4 Bankruptcy Filing of Motion to Withdraw Reference Pursuant to 28 USC 157(d) with District Court (jc)
May 3, 2019 Filing 3 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc)
May 3, 2019 Filing 2 Bankruptcy Transmittal of re #1 Bankruptcy Motion (Complaint) to Withdraw Reference filed by Linda Leali (Attachments: #1 Docket Sheet)(dcn)
May 3, 2019 Filing 1 MOTION (COMPLAINT) to Withdraw Reference Bankruptcy Court case number 18-14506-LMI., filed by Linda Leali.(dcn)

In re Chlad

(United States Seventh Circuit) – Held that a Chapter 7 bankruptcy debtor was not entitled to a discharge of debt because of fraudulent omissions in financial disclosures. Affirmed a ruling after a bench trial.