The United States Court of Appeals for the Third Circuit affirmed the United States District Court for the Western District of Pennsylvania (the "District Court") order dismissing the Amended...
Judge(s):
Greenaway, Jr., Shwartz, Circuit Judges; and Simandle, Chief District Judge of the United States District Court for the District of New Jersey, sitting by designation
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Claims filed by Lehman employees on account of restricted stock units, giving them a contingent right to own Lehman stock after a five-year holding period, were properly subordinated to the claims...
The United States District Court for the Western District of Pennsylvania erred when it held that a "named insured," as used in 40 Pa. State. § 638, only includes that who own a structure and are...
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
