The bankruptcy court may set a deadline for for creditors to join a pending involuntary petition. Also, a putative debtor need not plead defenses to the
avoidability of a pre-petition...
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
The United States Court of Appeals for the Second Circuit affirmed the judgment of the District Court. The Court upheld the Receiver's motion, which included: (1) permanently enjoining the...
Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
Judge(s):
Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
In an appeal arising out of the converted chapter 7 case of Western Robidoux, Inc. (WRI), the U.S. Court of Appeals for the Eighth Circuit (Circuit), as had the U.S. District Court for the Western...
Judge(s):
Raymond Gruender; Jane L. Kelly; and L. Steven Grasz
Res Judicata prevents a chapter 13 debtor from relitigating the issue of post-judgment payments in the form of a claim objection under Pennsylvania law.
The Third Circuit Court of Appeals affirmed the District Court, which had upheld the bankruptcy court's overruling of the debtor's claim objection based on res judicata.
The district court granted a motion by Dow Corning Corp. (Dow) to terminate certain funding obligations of Dow under the confirmed bankruptcy plan which established a trust to pay silicone-get...
