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...
Presented with two appeals arising out of the bankruptcy of ECI Pharmaceuticals LLC and BioRamo LLC (DRs) consolidated by the U.S. District Court for the Southern District of Florida (DC), the U.S....
Judge(s):
Jill A. Pryor; Kevin Newsom; and Elizabeth L. Branch
Confronted by owners characterizing an administrative fee deducted from interest accrued on the principal value of just compensation owed by a Puerto Rican agency, and the lack of notice of...
Judge(s):
O. Rogeriee Thompson; David J. Barron; and Stephen G. Breyer
The U.S. Court of Appeals for the Second Circuit affirmed the voiding of a residential mortgage lien as the creditor/appellant failed to prove it had standing to file the mortgage claim. Under 11...
The Fourth Circuit affirmed the district court's decision because Black failed to produce evidence creating a genuine dispute of material fact under Fed. R. Bankr. P. 7056. Specifically, the Court...
The Third Circuit Court of Appeal affirmed the district court, which had affirmed the bankruptcy court's ruling holding certain entities that were parties to the bankruptcy and a non-party...
The Third Circuit Court of Appeals ruled that Debtor established that Creditor had committed civil contempt when it initiated collection efforts against one of his properties after receiving a...
In a warning to creditors, the court held that service of a summons and complaint on a debt collector was valid service on the creditor that had placed the debt for collection because (1) the...
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.
