Relying on the harmless error standard in Rule 9005, the court bypassed the issue of whether a bankruptcy court may order the substantive consolidation of two or more entities without the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and BRASHER and ABUDU, Circuit Judges
In a warning to creditors, the court held that service of a summons and complaint on a debt collector was valid service on the creditor that had placed the debt for collection because (1) the...
The Ninth Circuit Court of Appeals affirmed the District Court's denial of a creditor's interlocutory appeal of the bankruptcy court's order denying arbitration, though on different grounds than...
A bankruptcy court needs only to "canvass the issues and see whether the settlement falls below the lowest point in the range of reasonableness" when deciding whether to approve a settlement, not...
Judge(s):
EID and MURPHY, Circuit Judges, and TEETER, District Judge
A Fifth Circuit majority upheld an order stating a Chapter 7 Trustee could not include surplus funds paid to a debtor's equity security holder in calculating a commission under 11 U.S.C. § 326(a)....
The U.S. Court of Appeals for the Ninth Circuit affirmed a Bankruptcy Appellate Panel decision upholding the bankruptcy court's denial of the appellant/plaintiff/creditor's motion for relief from a...
A debtor with a claim against a creditor may not be deprived of the opportunity to litigate the claim merely because the debtor initiated its litigation in bankruptcy court and subsequently...
Judge(s):
Barron, Chief Judge, Thompson and Gelpí, Circuit Judges
The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
The U.S. Court of Appeals for the Sixth Circuit held it had jurisdiction to review a bankruptcy court's denial of a chapter 13 debtor's Civil Rule 60(b) motion and affirmed, concluding his failure...
Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
