The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Lawyer failed to establish Article III standing to appeal bankruptcy court's order approving trustee's final report because lawyer failed to show that it suffered an injury in fact.
Fifth Circuit reversed and remanded ruling of district court (SD Tex.), which affirmed ruling of bankruptcy court determining that creditors satisfied Fifth Circuit's "informal proof of claim"...
