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...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
The U.S. Court of Appeals for the Fourth Circuit denied a chapter 7 debtor's emergency petitions for writs of mandamus. The debtor had asked the circuit "to reassign his ongoing bankruptcy...
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy judge's order approving a settlement between a chapter 7 trustee and the debtor's landlord under F.R.B.P. 9019. The settlement...
Lightsway Litigation Services erred under New Jersey’s issue preclusion laws. Under New Jersey law, precluded issues must be identical to previously decided issues; issues are not identical if a...
Over a dissent, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from an order approving a Chapter 7 Trustee's free-and-clear sale of a debtor's half-interest in real...
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
The Fifth Circuit affirmed the district court's order. The Fifth Circuit held: (1) the bankruptcy court had proper related to jurisdiction since the contested tax liens in the state court action...
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
