Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Robert J. Faris
The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...
Judge(s):
Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) held that Roth Individual Retirement Accounts (Roth IRAs), like customary Individual Retirement Accounts (IRAs) and 401(k) accounts, are...
Judge(s):
Charles R. Wilson; Barbara Lagoa; and Edward E. Carnes
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
