Investors' prosecution of their breach-of-fiduciary-duty claim against the debtor's former CEO violated the automatic stay because those claims are property of the debtor's estate. The CEO had...
The Eleventh Circuit Court of Appeals affirmed the bankruptcy court's ruling because Appellant failed to argue on appeal that the bankruptcy court was incorrect in ruling that the property at issue...
The Fifth Circuit affirmed the lower courts' rulings that the automatic stay was not violated when the debtor's mortgage servicer went forward with a foreclosure sale after the debtor filed his...
The Fourth Circuit affirmed summary judgment for mortgage servicers, holding that monthly statements, payoff statements, and 1098 tax forms sent to a debtor during a Chapter 13 bankruptcy were...
Judge(s):
Judge Thacker wrote the opinion, in which Judge King and Judge Wynn joined.
Over a dissent, the Fourth Circuit held that a creditor cannot compel arbitration of a debtor's claim for violation of the automatic stay under § 362(k), even under a valid arbitration agreement....
Judge(s):
Judge Niemeyer wrote the opinion, in which Judge Harris joined. Judge King wrote a dissenting opinion.
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...
