Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...
Judge(s):
Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes
OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...
Reviewing a non-bankruptcy judgment of the U.S. District Court for the Northern District of Illinois (DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) held an original mortgagee's...
Judge(s):
Candace Jackson-Akiwumi; Diane Wood; and Thomas Kirsch
Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...
Judge(s):
Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham
As had the tria, court below, the U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the District of Nevada (BC) that denied the claim of...
Judge(s):
Mary H. Murguia; Salvador Mendoza Jr.; and Ana de Alba
The U.S. Court of Appeals for the Ninth Circuit held (1) it lacked jurisdiction to review a bankruptcy court's decision to permissively abstain; (2) the appellant waived any due process argument...