Legal Opinion
Carn v. Audientis LLC (In re Specalloy Corp.)
United States Bankruptcy Court, M.D. Alabama
Decided May 18, 2018No. Case No. 16–10013–WRS; Adv. Pro. No. 17–1009–WRSPublishedCited by 3 opinions
1Opinion of the Court
II. LAW
A. Jurisdiction
This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334(b). This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(F). This is a final order.
B. Standard of Review
Audientis' motion to alter or amend a judgment is governed by Rule 59(e) of the Federal Rules of Civil Procedure, which is made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 9023. To prevail on its motion, Audientis must prove one of the following:(1) An intervening change in law,(2) Consideration of newly discovered evidence, or(3) The need to correct…
2Cases cited8 opinions
- Templet v. Hydrochem Inc.Court of Appeals for the Fifth Circuit · 2004
- Arthur v. KingCourt of Appeals for the Eleventh Circuit · 2007
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- Jacobs v. Tempur-Pedic International, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Luc Chery v. Gordon Bowman, Ii, D/B/A Mount Clifton Fruit CompanyCourt of Appeals for the Eleventh Circuit · 1990
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3Cited by3 opinions
- Daryl McLemoreUnited States Bankruptcy Court, M.D. Alabama · 2022
- In re Roy PhiferUnited States Bankruptcy Court, M.D. Alabama · 2025
- Steel City Pops Holding, LLCUnited States Bankruptcy Court, N.D. Alabama · 2020