Lightsway Litigation Services erred under New Jersey’s issue preclusion laws. Under New Jersey law, precluded issues must be identical to previously decided issues; issues are not identical if a...
The Court of Appeals for the Sixth Circuit formally adopted the test for whether a bankruptcy court should approve a settlement found in the unpublished opinion Bard v. Sicherman (In re Bard), 49...
Over a dissent, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from an order approving a Chapter 7 Trustee's free-and-clear sale of a debtor's half-interest in real...
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
Because Appellant's failure to attach the bankruptcy court's judgment to its notice of appeal was not a jurisdictional defect, the District Court abused its discretion in dismissing the appeal....
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.
