The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
The Third Circuit Court of Appeals affirmed the Bankruptcy Court’s rulings, finding that the arguments by the pro-se debtors, Christopher Howard Paige and Michele Anna Paige, were “wholly...
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Ninth Circuit reversing district court, which had reserved the bankruptcy court award of damages to the Debtors for violation of the automatic stay by the IRS. Sovereign immunity does not bar an...
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
In order to obtain a section 523(a)(8) discharge, a debtor must introduce a preponderance of evidence that shows that any obligation to repay student loan debt imposes an undue hardship on the...
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
Seventh Circuit affirmed order of bankruptcy court concluding Social Security Administration (“SSA”) could setoff $17,385 in the debtor’s account. The agency, however, was required under §...
In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
