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...
In yet another example of the truth of the adage that "the man who is his own lawyer has a fool for his client," the Court of Appeals affirmed the defendant's convictions for bankruptcy and mail...
The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
Judge(s):
SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
The Fifth Circuit affirmed the district court’s grant of summary judgment on grounds of judicial estoppel, as well as the denial of Keathley’s motion for reconsideration. The court found no...
The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
