The U.S. Court of Appeals for the Second Circuit held a district court erred in granting a summary judgment to a plaintiff and affording preclusive effect to the plaintiff's unchallenged proof of...
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed a bankruptcy court's judgment that a debtor could discharge a $96k private student loan debt owed to the Bank/Appellant....
The U.S. Court of Appeals for the Eleventh Circuit upheld a bankruptcy court's order denying a creditor's motion to extend the deadline to file a non-dischargeability complaint. Its "prior panel...
The circuit court reversed part of the district court’s affirmation of the bankruptcy court’s judgment and affirmed the rest. The forum-selection clause in Debtors’ and Defendants’ contract...
The Eleventh Circuit concluded that contractual ambiguities in an investment account agreement precluded the entry of summary judgment on claims concerning whether the debtor and his wife granted...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court's affirmation of the bankruptcy court’s denial of Trustee’s motions to modify confirmed chapter 13 bankruptcy plans...
The U.S. Court of Appeals for the 8th Circuit found that the district court erred by declining to dismiss Debtor’s appeal as statutorily moot. Parties must stay the sale of a bankruptcy...
The U.S. Court of Appeals for the Sixth Circuit concluded the Appellants "waived their appeal" by failing to address the bankruptcy court's two reasons for denying their motion to compel...
The U.S. Court of Appeals for the 11th Circuit affirmed the other courts’ decisions against Debtor. The Court’s ruling that limits district courts’ ability to retroactively confer...
