As had the immediately lower court, the U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the U.S, Bankruptcy Court for the Middle District of Florida (BC) not to...
Judge(s):
Robin S. Rosenbaum; Jill A. Pryor; and Britt Grant
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's post-trial judgment excepting a debt from discharge. A dissenting judge would have remanded on one issue-whether the...
In this non-bankruptcy opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Northern District of Texas (DC) not to award a...
Judge(s):
Leslie H. Southwick; James L. Dennis; and Carl E. Stewart
The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...
Judge(s):
Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez
Defendants forfeited their right to challenge the authority of a bankruptcy judge who was transferred to sit in the Bankruptcy Division of the United States District Court for the Virgin Islands by...
Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...
Judge(s):
John M. Walker Jr.; William J. Nardini; and Denny Chin
The U.S. Court of Appeals for the Seventh Circuit held the "safe harbor" of 11 U.S.C. § 546(e), which shields from avoidance certain transfers made “in connection with a securities contract,”...
In a non-precedential opinion, the Third Circuit held that, under Texas law, a landlord and tenant-assignee cannot amend a lease to increase the tenant-assignor’s liability under the lease unless...
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...
Judge(s):
William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...