Auberto Nieves Guzmán and Annette Nazario Rodríguez Debtors appeal from the order denying their motion for reconsideration of the order sustaining the chap objection to certain claimed...
Judge(s):
BAP: Feeney, Finkle and Fagone. USBC-Puerto Rico: Tester
The 11th Circuit affirmed the district court's ruling that the fraudulent transfer claims in a bankruptcy complaint fell within the prior acts exclusion in the insurance policy.
Held that Parent...
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Claims filed by Lehman employees on account of restricted stock units, giving them a contingent right to own Lehman stock after a five-year holding period, were properly subordinated to the claims...
Where the bankruptcy court made no written findings of fact and conclusions of law to support confirmation of the plan and the appellant provided no transcript or audio recording of the bankruptcy...
The United States District Court for the Western District of Pennsylvania erred when it held that a "named insured," as used in 40 Pa. State. § 638, only includes that who own a structure and are...
Without pleaded facts adequate to support a reasonable inference of material falsity, the plaintiff's section 523(a)(2)(B) claim does not cross the line from possible to plausible. The plausibility...
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
The plaintiff's appeal to the Court of Appeals for the Third Circuit was dismissed where the E.D.Pa. District Court's order vacating the Bankruptcy Court’s summary judgment decision and remand of...
