The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...
Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court, held a bankruptcy court correctly rejected a request to bar a debtor's discharge for making a knowing and fraudulent...
The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
