Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...
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...
Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...
Judge(s):
Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes
In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...
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.
The Ninth Circuit Court of Appeals affirmed the bankruptcy court's decision awarding fees to the chapter 13 debtor's attorney and modifying the chapter 13 plan to pay the fees, over the objection...
Judge(s):
CLIFTON and SANCHEZ, Circuit Judges, and KORMAN,** District Judge
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...
Judge(s):
William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...
