In an opinion disposing of two appeals by one creditor, Hadi Zeghuzi (CR), of the Sunny Hills Aquatic Club (DR), the debtor - one of an order issued by the bankruptcy court (BC) sustaining the DR's...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Resolving a "labyrinth of appeals" stemming from a prepetition breach of contract claim brought by one company against two subsidiaries of an admitted "single enterprise" in federal court based on...
Judge(s):
Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...
Judge(s):
James B. Loken; Steven L. Grasz; and Jonathan A. Kobes
Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...
Judge(s):
Scott H. Gan; Christopher M. Klein; and Laura S. Taylor
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
