In a split decision, a panel of the United States Court of Appeals found that the Chapter 11 bankruptcy of a solvent entity created by the "Texas Two Step" was not a per se bad faith filing and...
The U.S. Court of Appeals for the Sixth Circuit affirmed a bankruptcy court's summary judgment dismissal of a successor chapter 7 trustee's claims against the original trustee and the debtor's...
The Fourth Circuit affirmed the district court's order to uphold the modification of the automatic stay, and dismissed the portion of the order where the bankruptcy court decided to abstain and...
In this Summary Order, the Second Circuit affirmed as "moot" the District Court's dismissal of an appeal by a landlord contesting the failure of the bankruptcy court to rule on its stay relief...
Judge(s):
For the Court Catherine O’Hagan Wolfe, Clerk of Court
The circuit court denied Creditor’s petition for rehearing en banc. A debtor’s financial condition is irrelevant for the purpose of assessing federal court subject-matter jurisdiction in a...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed the order of the U.S. Bankruptcy Court for the District of North Dakota (BC) granting Capital Credit Union (CCU) relief...
Judge(s):
Phyllis M. Jones; Cynthia A. Norton; and Katherine A. Constantine
The circuit court affirmed the district court’s finding that the bankruptcy court did not err by annulling the automatic stay or denying Debtor's motion for reconsideration. The record supported...
Per Ritzen Group v. Jackson Masonry, the bankruptcy court's order vacating its prior stay relief and abstention order and reimposing the automatic stay was a final order subject to immediate appeal...
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order granting in rem relief from the automatic stay in favor of a mortgage creditor so it could sell a house based on...
The U.S. Court of Appeals for the 8th Circuit found that the district court erred by declining to dismiss Debtor’s appeal as statutorily moot. Parties must stay the sale of a bankruptcy...
