Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...
As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...
Judge(s):
David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...
