A debtor who has avoided dischargeability litigation by a settlement with the plaintiff-creditor cannot rely on weather or other "the dog ate my homework" excuses for his or her failure to strictly...
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
Inga Olsen (the “Debtor”) appeals from the bankruptcy court’s October 26, 2016 judgment in favor of creditor Finance Authority of Maine (“FAME”), determining that: (1) her student loan...
Judge(s):
BAP (Bailey, Godoy and Panos) appeal from USBC-Maine (Hon. Peter G. Cary)
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
Settlement of cause of action between plaintiff and defendant where defendant agrees to a judgment in the full amount of the claim and assigns its claim against its insurer (who has declined...
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
District Court correctly enjoined defendants, accused of fraudulently obtaining loans from Credit Union, from disposing of assets other than as necessary for living expenses. District Court erred...
Where officers and directors of a casino caused the casino’s gaming licensed to be revoked, they may be held jointly and severally liable for breach of the company’s shareholder agreement,...
