The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
Affirmed entry of final decree in individual chapter 11 case, over the objection of an incarcerated pro se debtor. Debtor appealed, claiming his due process rights had been violated because he was...
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
The Third Circuit affirmed the lower courts' rulings that the bankruptcy court had statutory and constitutional jurisdiction to disallow a claimant's hostile workplace and wrongful termination...
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
As trustees are government officials, the doctrine of "qualified immunity" applies to discretionary actions taken by a trustee to preserve the estate's assets. "Qualified immunity" shields...
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
