The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...
Judge(s):
Scudder (opinion author), Kirsch, and Jackson-Akiwumi
The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
The Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court did not abuse its discretion in denying a chapter 13 debtor's motion to reconsider an order denying her contempt motion....
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...
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
The Fifth Circuit declined to invoke equitable mootness, as its review would not "affect the rights of parties not before the Court or the success of the plan." The Court then rejected the...
Judge(s):
Before Weiner, Graves, and Duncan, Circuit Judges. Stuart Kyle Duncan, Circuit Judge, authored the opinion.
