The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Arkansas (BC) to dismiss two debtors chapter 13 case,...
Judge(s):
Shon Hastings; Cynthia A. Norton; and Katherine A. Constantine
The U.S. Court of Appeals for the 7th Circuit dismissed Claimant’s appeal after he did not respond to Debtor’s service of documents regarding his tort claim. Proper service depends on the...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court's affirmation of the bankruptcy court’s denial of Trustee’s motions to modify confirmed chapter 13 bankruptcy plans...
Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
Judge(s):
Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
Section 363(m) of the Bankruptcy Code precludes judicial review of “nonconsensual third-party releases” authorized under the confirmed plan, as the insurance policy buyback was integral to the...
On remand, the Fourth Circuit affirmed the bankruptcy court’s and district court’s approval of the debtors’ chapter 11 reorganization plan. The Fourth Circuit found that the plan was...
The district court granted a motion by Dow Corning Corp. (Dow) to terminate certain funding obligations of Dow under the confirmed bankruptcy plan which established a trust to pay silicone-get...
Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
