BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8,
11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Sixth Circuit affirmed the District Court's denial of a motion to terminate a defendant's civil-contempt sanctions in accordance with U.S.C. Section 1826. The Sixth Circuit found that because the...
In non-bankruptcy SEC receivership case, 5th Circuit dismissed for lack of jurisdiction movants' appeal of district court's (SD Tex.) denial of their motion for leave to sue SEC receiver and motion...
The Seventh Circuit affirmed the Bankruptcy and District Court’s decisions. In so doing, it provided vital guidance as to how it defines “fraudulent intent” under 11 U.S.C. § 727(a)(4). It...
