The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court did not abuse its discretion in refusing to disallow or recharacterize a claim. A significant problem the appellant...
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Colorado (DC) for the same reasons cited by the latter in its order...
Judge(s):
Paul J, Kelly Jr.; Scott Matheson Jr.; and Allison H. Eid
A panel of the Ninth Circuit Court of Appeals upheld (2-1) the bankruptcy court's order awarding attorneys' fees to appellee judgment creditor. The majority held that the bankruptcy court properly...
Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...
In an opinion arising out of the restructuring of Puerto Rico's public power company (PRRS and PREPA), the U.S. Court of Appeals for the First Circuit held that GoldenTree Asset Management and...
Judge(s):
William J. Kayatta Jr.; O. Rogeriee Thompson; and Julie Rikelman
The U.S. Court of Appeals for the Sixth Circuit (Circuit) dismissed the appeal of the Kentucky Employees Retirement Systems (KERS) of the denial of its petition for leave to appeal and the...
Because the Debtor's own actions and statements to his creditor obscured the applicability of the discharge order from his prior bankruptcy - which did not list or disclose the debtor's debt owed...
The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
The U.S. Court of Appeals for the Tenth Circuit held a bankruptcy court did not err in concluding a debtor, who operated a property rental business, could not exempt real property from the...
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
