The planned auction of the debtor's milk quota by the Puerto Rico agency that regulates milk production (ORIL) falls squarely within the "police power" exception to the automatic stay under 11...
Judge(s):
U.S. Circuit Judges David F. Hamilton, Julie Rikelman and O. Rogeriee Thompson (Opinion by Hamilton)
Circuit court dismissed pro se debtor's appeal from a bankruptcy appellate panel order denying her emergency motion for a stay pending appeal. The Circuit found that the BAP order was not a "final...
In a non-bankruptcy opinion, the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the dismissal of a complaint for violations of the Fair Debt Collection Practices Act (FDCPA) for...
Judge(s):
Kenneth F. Ripple; Michael S. Kanne; and Ilana K. D. Rovner
On the record before the Court, the Court was not left with a "firm and definite conviction" that the Bankruptcy Court erred in its denial of the homestead exemption.
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
The members of the PROMESA board ARE subject to the Appointments Clause so the structure of the Board as it presently exists is unconstitutional. The court ordered the constitutionally-offending...
Sixth Circuit reversed District Court's addition of a related non-party to a judgment on account of alleged transfers to the non-party by a judgment debtor and determined that, under Michigan...
