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.
A party that litigates using the in forma pauperis provisions of 28 U.S.C. § 1915 is subject to heightened pleading standards by 28 U.S.C. § 1915(e)(2), so the trial court, sua sponte, should...
Judge(s):
BAUKNIGHT, CROOM, and GREGG, Bankruptcy Appellate Panel Judges
The Ninth Circuit Court of Appeals upheld the rulings in the District Court and Bankruptcy Court denying a Rule 60 motion of a fee order providing for joint and several liability for the fees by...
The Ninth Circuit Court of Appeals affirmed the District Court and Bankruptcy Court application of issue preclusion on the "maliciousness" prong under 11 USC 523(a)(6).
In dueling appeals arising from the same case, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the grant by the district court of the motion for summary judgment, based on the...
Judge(s):
Jennifer Walker Elrod; Edith Brown Clement; and Irma Carrillo Ramirez
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
