The 5th circuit held that the contracts that were at issue were not ambiguous. And, the definitions of critical terms contained within the contracts (that were the central focus of the disputes)...
Affirming the "person aggrieved" standard for standing to appeal an order of the bankruptcy court, the Fifth Circuit held that a party without an allowed claim against the debtor does not have...
Affirming the U.S. Bankruptcy Court and U.S. District Court for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit deemed the payment of a $3.3 million...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and Kurt D. Engelhardt
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's finding that sale proceeds were cash collateral and its approval of a stipulation with the IRS.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Central District of California granting summary judgment excepting the debt...
Judge(s):
William J. Lafferty III; Robert J. Faris; and Gary A. Spraker
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...
The Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a motion to remand a removed civil action and in granting a summary judgment for the...
A debtor who did not assume a lease in his chapter 13 plan and who did not disclose ownership of any business-related property in his Schedules and Statement of Financial Affairs was estopped from...
Section 1191(c)(3) requires bankruptcy courts to take a "harder look" at a plan's feasibility than is required under § 1129(b)(2)(A) in order to confirm a subchapter V plan over a secured...
The United States Court of Appeals for the Seventh Circuit (“7th Cir.”) affirmed the entry of summary judgment in favor of creditor LSQ Funding Group, L.C. (“LSQ”) and against Douglas Mann,...
