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...
Bankruptcy Appellate Panel (BAP) reversed the decision of the Bankruptcy Court which had (i) granted a second motion by the U.S. Trustee's Office (UST) to extend the time to file a complaint...
An arbitration award for securities law violations is excepted from discharge under section 523(a)(19) even where there was no litigation before the arbitration panel and the award was issued...
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
Judge(s):
Fisher, Krause, and Melloy (sitting by designation)
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
