Agreeing with the U.S. Bankruptcy and the U.S. District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found no error in the...
Judge(s):
Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch
The sole member of a Chapter 7 debtor lacks standing to appeal an order that compelled him to give the trustee access to and control of financial and other systems and records used in the debtor's...
Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
The record facts, framed by the external context and circumstances, make plain that there is no error in the judgments of the able bankruptcy and district courts. The lender did not engage in fraud...
Judge(s):
Before Higginbotham, Southwick, and Higginson, Circuit Judges. Patrick E. Higginbotham, Circuit Judge
The Ninth Circuit Bankruptcy Appellate Panel affirmed the denial of the serial debtor's chapter 13 plan and dismissal of the case with a 2-year ban on filing a bankruptcy petition.
Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...
U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
Section 523(a)(19) of the Bankruptcy Code does not require a judgment creditor to re-litigate securities violations in bankruptcy court if a court of competent jurisdiction has entered a judgment...
The U.S. Court of Appeals for the Sixth Circuit concluded that a bankruptcy court did not abuse its discretion in declining to exercise residual jurisdiction over claims alleged in an adversary...
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...
