Affirming the U.S. Bankruptcy Court and U.S. District Court for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit deemed the payment of a $3.3 million...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and Kurt D. Engelhardt
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's finding that sale proceeds were cash collateral and its approval of a stipulation with the IRS.
The record facts, framed by the external context and circumstances, make plain that there is no error in the judgments of the able bankruptcy and district courts. The lender did not engage in fraud...
Judge(s):
Before Higginbotham, Southwick, and Higginson, Circuit Judges. Patrick E. Higginbotham, Circuit Judge
The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...
Judge(s):
Scudder (opinion author), Kirsch, and Jackson-Akiwumi
The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...
The court acted within its discretion to remove the debtor as debtor in possession of its chapter 11 Subchapter V case for cause and allow the trustee to convert the case to one under chapter 7...
This decision is not recommended for publication and has no precedential value. Bankruptcy Code 11 U.S.C. §541 did not prevent members of an LLC from enforce the Transfer Restrictions in their...
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
In an appeal by a chapter 11 debtor of a bankruptcy court’s judgment for it and against three persons and denial of motion to amend, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP)...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
