The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8,
11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...
Affirmed entry of final decree in individual chapter 11 case, over the objection of an incarcerated pro se debtor. Debtor appealed, claiming his due process rights had been violated because he was...
