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....
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order denying a debtor's motion to reopen his chapter 13 bankruptcy case because (1) a dismissed bankruptcy...
The U.S. Bankruptcy Appellate Panel for the Ninth Circuit dismissed an appeal of an order denying relief from the automatic stay to complete a foreclosure sale as constitutionally moot. No live...
Section 1191(c)(3) requires bankruptcy courts to take a "harder look" at a plan's feasibility than is required under § 1129(b)(2)(A) in order to confirm a subchapter V plan over a secured...
