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...
The Eleventh Circuit affirmed the bankruptcy court's ruling that the debtor transferred intangible assets for reasonably equivalent value, as the bankruptcy court did not err in excluding the...
Appellant did not make a substantial contribution to the reorganization process under Section 503(b)(3)(D). Appellant acted out of self-interest. Appellant’s stated fees included fees unrelated...
The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's (a) judgment that the appellant had to turn over $137,000 to the debtor's estate as prepetition checks he received were...
Judge(s):
R. NELSON and VANDYKE, Circuit Judges, and COLE, District Judge
Because Appellant's failure to attach the bankruptcy court's judgment to its notice of appeal was not a jurisdictional defect, the District Court abused its discretion in dismissing the appeal....
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing an amended complaint, sua sponte, based on judicial estoppel as the plaintiff/appellant did not disclose...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed the order of the U.S. Bankruptcy Court for the District of North Dakota (BC) granting Capital Credit Union (CCU) relief...
Judge(s):
Phyllis M. Jones; Cynthia A. Norton; and Katherine A. Constantine
In the face of a partial dissent, the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed with the U.S. District Court for the Eastern District of Texas (DC) in reversing the judgment of...
Judge(s):
Priscilla Richman; Jennifer Walker Elrod; and Andrew Oldham
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held a bankruptcy court erred as a matter of law in finding that a creditor's claim for damages was not a "personal injury tort" claim for...
Texas law requires that parties proffer evidence that allows courts to calculate lost profits with reasonable certainty. Damages cannot be upheld if not based on sufficient evidence or a legally...
