Affirming the bankruptcy court and the BAP, the Court of Appeals ruled that a guarantor's execution of a guaranty and his payment thereunder were not avoidable under Utah's Uniform Fraudulent...
The U.S. Court of Appeals for the 11th Circuit affirmed the other courts’ decisions against Debtor. The Court’s ruling that limits district courts’ ability to retroactively confer...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court’s and bankruptcy court’s decisions to deny Debtor’s appeal and motion to reconsider. The bankruptcy court did not...
The Fourth Circuit affirmed the district court’s dismissal of two consolidated cases under the doctrine of forum non conveniens, finding that the suits were better suited for litigation in...
The U.S. Court of Appeals for the Third Circuit overturned a district court and reinstated a bankruptcy court's ruling that a liquidating trustee under a chapter 11 plan of liquidation could not...
The U.S. Court of Appeals for the Eighth Circuit held a bankruptcy court did not err in disallowing the chapter 7 debtors' claimed exemption in a prepetition, contingent, unliquidated personal...
Aligning with Fourth and Fifth Circuits, the Eleventh Circuit held that corporate debtors in Subchapter V proceedings who seek to confirm non-consensual plans under section 1191(b) cannot discharge...
The bankruptcy court's exercise of its power under 11 U.S.C. § 362(d) to annul the automatic stay was not subject to the Supreme Court's prohibition on nunc pro tunc orders. See Catholic...
Judge(s):
WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit Judges.
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
The U.S. Court of Appeals for the First Circuit upheld a bankruptcy court's summary judgment determination that, under Massachusetts law, an affidavit of sale filed prepetition provided...
