Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges
The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...
Judge(s):
CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges
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
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in awarding compensation to a law firm for work performed in a Singapore proceeding. The...
The U.S. Court of Appeals for the Ninth Circuit held (1) it lacked jurisdiction to review a bankruptcy court's decision to permissively abstain; (2) the appellant waived any due process argument...
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...
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...
A debtor is not entitled to recover attorneys fees from the United States Trustee's Office (UST) under the Equal Access to Justice Act (EAJA) when the UST withdraws a motion to dismiss the...
