The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Middle District of Tennessee (DC) dismissing, pursuant to Federal Rule of Civil...
Judge(s):
Stephanie D. Davis; Jeffrey Sutton; and Joan Larsen
Agreeing with the U.S. Bankruptcy and the U.S. District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found no error in the...
Judge(s):
Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch
Like the U.S. District Court for the Northern District of Illinois (DC), the U.S. Court of Appeals for the Seventh Circuit concluded that Kenneth Pucillo (Pucillo) lacked Article III standing to...
Judge(s):
Michael B. Brennan; Thomas Kirsch; and John Z. Lee
Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
The Ninth Circuit Bankruptcy Appellate Panel affirmed the denial of the serial debtor's chapter 13 plan and dismissal of the case with a 2-year ban on filing a bankruptcy petition.
The Sixth Circuit affirmed an order of the bankruptcy court, holding that several mortgage lenders had standing to appeal but failed to meet the person-aggrieved test because they lacked a direct...
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Bankruptcy court did not err in concluding that creditor was a secured creditor and that its attempts to collect a real estate commission claimed by chapter 13 debtor violated the automatic stay.
