A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
The Second Circuit reversed the decisions of the District Court and Bankruptcy Court imposing sanctions on a debtor's attorney for a repeat chapter 11 filing on the eve of a foreclosure sale and in...
Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
The United States Court of Appeals for the Third Circuit affirmed the United States District Court for the Western District of Pennsylvania (the "District Court") order dismissing the Amended...
Judge(s):
Greenaway, Jr., Shwartz, Circuit Judges; and Simandle, Chief District Judge of the United States District Court for the District of New Jersey, sitting by designation
The Order denying Debtor's Second Reconsideration of the Bankruptcy Court's order sustaining the Chapter 7 Trustee's objection to certain claimed exemptions is Affirmed.
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
Auberto Nieves Guzmán and Annette Nazario Rodríguez Debtors appeal from the order denying their motion for reconsideration of the order sustaining the chap objection to certain claimed...
Judge(s):
BAP: Feeney, Finkle and Fagone. USBC-Puerto Rico: Tester
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...