Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...
In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...
Judge(s):
WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges
Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...
Judge(s):
Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes
The Third Circuit Court of Appeals affirmed the District Court and Bankruptcy Court holdings that the chapter 11 debtors' motion to bring malpractice claims against their bankruptcy counsel was...
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
The Eighth Circuit Court of Appeals held that a post-petition increase in the debtor's equity in property in excess of the applicable homestead exemption, that occurs prior to conversion of the...
The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed as equitably moot an appeal of the order confirming the liquidating plan of Artesian Future Technology, LLC (AFT) and...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in dismissing the debtor/appellant's chapter 12 case with a three-year bar to refiling....
