A bankruptcy court may not void a lien under §506(d) when a claim relating to the lien is disallowed because the creditor who filed the proof of claim did not prove that it was entitled to enforce...
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...
11 U.S.C. § 1171(b) is substantially the same as section 205(b) of the prior Bankruptcy Act. Accordingly, the decision of the First Circuit in In re Boston Maine Corp., 634 F.2d 1359 (1st Cir....
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
(1) The bankruptcy court did not err by awarding the creditor both unpaid invoices and future claims. (2) The creditor's unpaid-invoices claim is recognized under applicable state law, and thus...
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
