In a summary order, the Second Circuit dismissed consolidated appeals by a non-debtor tenant who was evicted from the underlying debtor's business property which was sold to a third party under 11...
In a summary order, the Second Circuit rejected the debtor's argument that the government's filing of a Notice of Federal Tax lien allegedly in violation of the automatic stay provides a basis to...
Section 363(m) of the Bankruptcy Code precludes judicial review of “nonconsensual third-party releases” authorized under the confirmed plan, as the insurance policy buyback was integral to the...
The Second Circuit Court of Appeals held a standing trustee cannot keep a percentage fee collected from a debtor’s pre-confirmation payments if a chapter 13 plan isn't confirmed. While 28 U.S.C....
The U.S. Court of Appeals for the Third Circuit held a magistrate judge properly exercised jurisdiction to enter a final judgment in an appeal from an adversary proceeding pursuant to 28 U.S.C. §...
In an appeal arising out of the converted chapter 7 case of Western Robidoux, Inc. (WRI), the U.S. Court of Appeals for the Eighth Circuit (Circuit), as had the U.S. District Court for the Western...
Judge(s):
Raymond Gruender; Jane L. Kelly; and L. Steven Grasz
On remand from the Supreme Court, vacating the Circuit's prior opinion, the Circuit Court held that the Chapter 7 trustee was barred from recovery on a fraudulent conveyance, claim under Utah state...
On remand, the Fourth Circuit affirmed the bankruptcy court’s and district court’s approval of the debtors’ chapter 11 reorganization plan. The Fourth Circuit found that the plan was...
The U.S. Court of Appeals for the Third Circuit reinstated a bankruptcy court's order sanctioning the Appellee Law Firm by (a) disgorging all fees it collected from the ch. 7 Debtors/Appellants as...
The Third Circuit Court of Appeals affirmed the District Court, which had upheld the bankruptcy court's overruling of the debtor's claim objection based on res judicata.
