The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court erred in granting summary judgment to a debtor/appellee on a creditor/appellant's claim to except a debt from her...
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in its application of the "two-dismissal rule" in Federal Rule of Civil Procedure 41(a)(1)(B) to a third motion...
OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
Reviewing a non-bankruptcy judgment of the U.S. District Court for the Northern District of Illinois (DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) held an original mortgagee's...
Judge(s):
Candace Jackson-Akiwumi; Diane Wood; and Thomas Kirsch
Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...
Judge(s):
Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham
A party's judicial estoppel claim cannot create a previously unrecognized exception to the long-standing jurisdictional rule that generally appellate courts have authority to rule only on final...
The Fourth Circuit held that "property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the...
Judge(s):
Circuit Judge Toby J. Heytens, Circuit Judge DeAndrea Gist Benjamin, and Elizabeth W. Hanes, United States District Judge for the Eastern District of Virginia, sitting by designation.
As had the tria, court below, the U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the District of Nevada (BC) that denied the claim of...
Judge(s):
Mary H. Murguia; Salvador Mendoza Jr.; and Ana de Alba
