IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
The Third Circuit Court of Appeals affirmed the orders of the Bankruptcy Court and District Court, finding, in part, that the Bankruptcy Court lacked jurisdiction to transfer the trustee’s...
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...
Tenth Circuit affirmed summary judgment entered by district court (D. Wyo.) against plaintiff on claims for rescission, restitution, fraudulent transfer, and breach of contract. Plaintiff waived...
9th Cir. certified question for California Supreme Court regarding conflicting presumptions in real property ownership related to community property and title in deed. Community property...
The BAP dismissed creditor's appeal from an order denying a post-confirmation motion to dismiss, holding it was not a final order under In re Jackson Masonry and Bullard v. Blue Hills Bank. The BAP...
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
Affirmed dismissal of plaintiff-appellant Peter Newman’s claims against his former employer and others because Newman had failed to disclose both the existence of those claims and the income from...
