On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
The Sixth Circuit Bankruptcy Appellate Panel has identified a flaw in the national Chapter 13 plan form. The BAP reversed the bankruptcy court's decision overruling an objection to confirmation and...
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Before dismissing an involuntary bankruptcy petition based solely on an inadequate number of petitioning creditors, the bankruptcy court must ensure that the debtor's creditors are given notice of...
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
