The U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal of an adversary complaint by the U.S. Bankruptcy Court for the Western District of Missouri (BC), that had sought...
Judge(s):
Raymond W. Gruender; William D. Benton; and Bobby E. Shepherd
The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...
Judge(s):
Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Neb.) granting debtors' motion for summary judgment on creditor's 11 USC 523 suit. There were no genuine issues of material fact and debtors...
Reviewing the decision of the U.S. Bankruptcy Court for the District of Colorado (BC), the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed its dismissal of a debtor’s adversary...
Judge(s):
Jerome A. Holmes; Carolyn B. McHugh; and Nancy L. Moritz
Pension-plan plaintiffs poured out. Fifth Circuit affirmed District Court's summary judgment for defendant entities that provided administrative and lending services to a now-bankrupt hedge fund. ...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...
The U.S. Court of Appeals for the Fifth Circuit (Circuit) reversed an order of the district court (DC), which had vacated fees awarded by the bankruptcy court (BC) to the counsel of the debtor (DR)...
Judge(s):
Jennifer W. Elrod; Don R. Willett; and Kurt D. Engelhardt
