Per curiam, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the opinion of the U.S. District Court for the Southern District of Texas (DC) affirming adjudication of claims for...
Judge(s):
Patrick E. Higginbotham; Stephen A. Higginson; and S. Kyle Duncan
Affirming the U.S. District and Bankruptcy Courts for the Northern District of Illinois (DC and BC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found: (1) it lacked jurisdiction to...
Judge(s):
Diane S. Sykes; Joel Flaum; and Michael B. Brennan
Acknowledging that under Florida law, any deviation from a debtor's legal name in a financing statement renders the statement "seriously misleading" unless a search of the Florida Secured...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed a bankruptcy court's decision that valued the claim of a couple (CRs) at $458,470 and found it nondischargeable under §...
Judge(s):
Dale L. Somers; Robert H. Jacobvitz; and Janice D. Lloyd
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of appellees' motion for summary judgment as to certain claims and the dismissal of any others by the U.S. Bankruptcy...
A creditor required to file notice to perfect its interests in a debtor's property under 11 U.S.C. § 546(b) must do so before the non-bankruptcy limitations period expires. Section 546(b)(2)...
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
In affirming the ruling of the district court, the Eleventh Circuit held that personal injury claimant and his wife received sufficient notice of non-debtor releases included in chapter 11 debtor's...
BAP for 9th Cir. reversed declaratory judgment of bankruptcy court (SD Cal.) ordering inter vivos trustee to turnover to chapter 7 trustee a portion of all future distributions to debtor, including...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
