Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Utah (DC) that itself affirmed the denial of a motion to extend time to...
Judge(s):
Harris L. Hartz; Robert E. Bacharach; and Nancy Moritz
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
As had the U.S. District Court for the Western District of Arkansas (DC), the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the order, issued by the U.S. Bankruptcy Court for the...
Judge(s):
James B. Loken; Morris S. Arnold; and Jonathan A. Kobes
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
Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
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
