The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court did not abuse its discretion in refusing to disallow or recharacterize a claim. A significant problem the appellant...
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Colorado (DC) for the same reasons cited by the latter in its order...
Judge(s):
Paul J, Kelly Jr.; Scott Matheson Jr.; and Allison H. Eid
Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...
In an opinion arising out of the restructuring of Puerto Rico's public power company (PRRS and PREPA), the U.S. Court of Appeals for the First Circuit held that GoldenTree Asset Management and...
Judge(s):
William J. Kayatta Jr.; O. Rogeriee Thompson; and Julie Rikelman
The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) dismissed the appeal of the Kentucky Employees Retirement Systems (KERS) of the denial of its petition for leave to appeal and the...
Because the Debtor's own actions and statements to his creditor obscured the applicability of the discharge order from his prior bankruptcy - which did not list or disclose the debtor's debt owed...
The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...
