The circuit court denied Creditor’s petition for rehearing en banc. A debtor’s financial condition is irrelevant for the purpose of assessing federal court subject-matter jurisdiction in a...
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
The U.S. Court of Appeals for the Fifth Circuit, among other rulings, held a magistrate judge (a) erred in granting a motion to dismiss a duty to indemnify claim, explaining that a claimant's...
In the face of a partial dissent, the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed with the U.S. District Court for the Eastern District of Texas (DC) in reversing the judgment of...
Judge(s):
Priscilla Richman; Jennifer Walker Elrod; and Andrew Oldham
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held a bankruptcy court erred as a matter of law in finding that a creditor's claim for damages was not a "personal injury tort" claim for...
Claim preclusion does not bar a debtor from amending their schedule of exemptions (which is allowed under Fed. R. Bankr. P. 1009(a)) when the amendments assert different grounds for exempting...
Judge(s):
Marsha S. Berzon and Mark J. Bennett, Circuit Judges, and Joan H. Lefkow, District Judge, sitting by designation
A bankruptcy court's holdings in a dischargeability adversary proceeding between a creditor and the debtor are not binding on the debtor's chapter 7 trustee unless the trustee is made a party to...
Judge(s):
REENA RAGGI, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
In consolidated appeals, the U.S. Court of Appeals for the Third Circuit held (1) it lacked appellate jurisdiction to hear a first appeal taken from a district court's order denying as moot a...
In this consolidated appeal of two decisions by the U.S. District Court for the Western District of Pennsylvania (DC) by creditor Shanni Snyder (Snyder) arising out of the bankruptcy of U Lock,...
Judge(s):
Stephanos Bibas; Arianna J. Freeman; and Richard L. Nygaard
The circuit court found that the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations are valid exercises of its power under the American Rescue Plan Act of 2021. The PBGC’s...
