Deocampo v. Potts

(United States Ninth Circuit) – In an action against Vallejo police officers and others asserting excessive-force and other constitutional claims under 42 U.S.C. section 1983 and state law, the district court’s denial of a Rule 60 motion for relief from judgment is affirmed where neither a judgment against individual City of Vallejo police officers for excessive force nor a subsequent attorney’s fee award in favor of plaintiffs was discharged by the City of Vallejo’s bankruptcy proceedings.

Picerne Constr. Corp. v. Castellino Villas, LLP

(United States Ninth Circuit) – In a Chapter 11 bankruptcy, the district court’s affirmance of the bankruptcy court’s order, denying a motion for post-discharge attorneys’ fees arising from state court litigation filed by the plaintiff against the debtor, is affirmed where attorneys’ fees incurred by the plaintiff during litigation after confirmation of the debtor’s Chapter 11 bankruptcy plan were discharged by that bankruptcy.

Rosenberg v. DVI Receivables XVII LLC

(United States Third Circuit) – In an appeal presenting a question of federal preemption law, in which defendants filed involuntary bankruptcy petitions against plaintiff’s husband that were later dismissed by the Bankruptcy Court, the District Court’s dismissal of this complaint for tortious interference under state law for damages allegedly caused by the filing of the involuntary petitions, is reversed where 11 U.S.C. section 303(i) does not preempt the state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition.


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In re Berkeley Delaware Court, LLC

(United States Ninth Circuit) – In a bankruptcy action, the district court’s dismissal of the appeal as moot under 11 U.S.C. section 363(m) is affirmed. The Court held that: 1) a bankruptcy court has discretion to apply the procedures of section 363(m) to a sale of claims pursuant to a settlement approved under Bankruptcy Rule 9019; and 2) the bankruptcy court below did not clearly err in concluding that the creditor was a good faith purchaser of the debtor’s claims.

In re Del Biaggio III

(United States Ninth Circuit) – In a bankruptcy action, arising from a dispute between owners of the National Hockey League’s Nashville Predators, and involving a general unsecured claim for damages against debtor’s estate, the bankruptcy court’s grant of summary judgment to the estate is affirmed where the subordination of claims arising from the purchase or sale of the security of a debtor to other senior and equal claims under 11 U.S.C., section 510(b) applies where the debtor is an individual.