A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
The U.S. Court of Appeals for the Fourth Circuit held a district court abused its discretion in dismissing an appeal owing to the appellant's failure to file a designation of the record on appeal...
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
In the face of a partial dissent, the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed with the U.S. District Court for the Eastern District of Texas (DC) in reversing the judgment of...
Judge(s):
Priscilla Richman; Jennifer Walker Elrod; and Andrew Oldham
The Ninth Circuit reversed the district court and remanded to the bankruptcy court with instructions to dismiss the adversary proceeding for lack of jurisdiction.
Claim preclusion does not bar a debtor from amending their schedule of exemptions (which is allowed under Fed. R. Bankr. P. 1009(a)) when the amendments assert different grounds for exempting...
Judge(s):
Marsha S. Berzon and Mark J. Bennett, Circuit Judges, and Joan H. Lefkow, District Judge, sitting by designation
A bankruptcy court's holdings in a dischargeability adversary proceeding between a creditor and the debtor are not binding on the debtor's chapter 7 trustee unless the trustee is made a party to...
Judge(s):
REENA RAGGI, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
In consolidated appeals, the U.S. Court of Appeals for the Third Circuit held (1) it lacked appellate jurisdiction to hear a first appeal taken from a district court's order denying as moot a...
In this consolidated appeal of two decisions by the U.S. District Court for the Western District of Pennsylvania (DC) by creditor Shanni Snyder (Snyder) arising out of the bankruptcy of U Lock,...
Judge(s):
Stephanos Bibas; Arianna J. Freeman; and Richard L. Nygaard
The Third Circuit Court of Appeals upheld the bankruptcy court and district court's denials of an investor's post-confirmation objection to a plan that provided for the cancellation of equity...
