The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...
The Third Circuit affirmed the decision of the district court affirming the decision of the bankruptcy court below that the debt owed to a creditor based on a pre-petition written promise to repay...
The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges
The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
A debtor's appeal from an order granting a creditor relief from the automatic stay becomes moot if circumstances change so that the court cannot grant any effective relief. Thus, (i) the debtor's...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES, AND CONSTANTINE, Bankruptcy Judges
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from a bankruptcy court's order granting a Chapter 7 Trustee's application to employ a law firm as special counsel. ...
A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...
Judge(s):
Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung
The Eleventh Circuit held that the district court erred in dismissing the pro se debtors’ appeal for lack of jurisdiction and abused its discretion in dismissing the case as a sanction for...
