A party that litigates using the in forma pauperis provisions of 28 U.S.C. § 1915 is subject to heightened pleading standards by 28 U.S.C. § 1915(e)(2), so the trial court, sua sponte, should...
Judge(s):
BAUKNIGHT, CROOM, and GREGG, Bankruptcy Appellate Panel Judges
The Ninth Circuit Court of Appeals affirmed the District Court and Bankruptcy Court application of issue preclusion on the "maliciousness" prong under 11 USC 523(a)(6).
The district court granted a motion by Dow Corning Corp. (Dow) to terminate certain funding obligations of Dow under the confirmed bankruptcy plan which established a trust to pay silicone-get...
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
Circuit Court affirmed Bankruptcy Court's and District Court's dismissal of claims brought by non-debtors for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. These claims...
Pro Se Debtor's appeal challenging bankruptcy court's decision granting landlord/creditor relief from the automatic stay to continue an ejectment was dismissed as moot because during the pendency...
The 5th Circuit affirmed the District Court's ruling that denied the plaintiffs' claims for successor liability under the WARN Act against a purchaser of assets from a bankruptcy debtor. The Court...
