The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
When a valuation model or estimate falls outside the realm of common sense, denial of a discharge for making a false oath under 11 U.S.C. § 727(a)(4) is appropriate. This is particularly so when...