The Fourth Circuit affirmed the district court's dismissal of the adversary proceeding against the Insurer for lack of standing. The Fourth Circuit held that: (1) the Geostellar Trustee lacked...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
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...
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
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...
Appellant's suit against the United States Postal Service, under Rehabilitation Act, 29 U.S.C. § 794, was properly dismissed by the district court where she had failed to disclose her claim as an...
The Fourth Circuit affirmed the district court’s order upholding the bankruptcy court’s entry of default judgment against multiple defendants as a discovery sanction, which awarded the chapter...
The district court has no jurisdiction to consider an appeal from an order of the bankruptcy court if the appellant fails to file the notice of appeal in a timely manner. A timely notice of appeal...
Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
