The circuit court held that courts must follow a two-step analysis to determine which presumption of reliance, the Affiliated Ute presumption or the Basic presumption, is applicable in...
The U.S. Court of Appeals for the Federal Circuit affirmed the Merit System Protection Board’s decision dismissing Plaintiff's individual right of action (“IRA”) appeal for a lack of...
The U.S. Court of Appeals for the 7th Circuit affirmed Defendants’ convictions. Rudimentary math and attention to detail do not constitute expert testimony. The allowance of summary witness...
Overruling the U.S. District Court for the Eastern District of California (DC) and deeming mootness inapposite, the U.S. Court of Appeals for the Ninth Circuit (Circuit) held the plain language of...
Judge(s):
Carlos T. Bea; Ana de Alba; and Jeffrey Vincent Brown
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
In yet another example of the truth of the adage that "the man who is his own lawyer has a fool for his client," the Court of Appeals affirmed the defendant's convictions for bankruptcy and mail...
The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
Judge(s):
SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...
The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
Judge(s):
SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
