A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
Resolving a "labyrinth of appeals" stemming from a prepetition breach of contract claim brought by one company against two subsidiaries of an admitted "single enterprise" in federal court based on...
Judge(s):
Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch
Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
The 11th Circuit held that the bankruptcy court's determination of parties' rights under a series of state court judgments and orders did not violate the Rooker-Feldman doctrine and the doctrine of...
Judge(s):
William Pryor, Chief Judge, Jordan and Marcus, Circuit Judges
The Third Circuit Court of Appeals, reversing the U.S. District Court, held that an individual creditor's post-confirmation, pre-effective date administrative expense claim was bound by the terms...
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
