The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
Interpleaded funds claimed by a debtor before the filing of a bankruptcy case are not property of the estate, and disbursement of such funds does not violate the automatic stay. As a result of the...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...
Judge(s):
Sarah A. Hall; Janice D. Lloyd; and William T. Thurman
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
