A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court's order finding a bank account held by the chapter 7 debtor and his non-debtor spouse was exempt property. In Florida,...
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing an amended complaint, sua sponte, based on judicial estoppel as the plaintiff/appellant did not disclose...
The U.S. Court of Appeals for the Fourth Circuit held a district court abused its discretion in dismissing an appeal owing to the appellant's failure to file a designation of the record on appeal...
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed the order of the U.S. Bankruptcy Court for the District of North Dakota (BC) granting Capital Credit Union (CCU) relief...
Judge(s):
Phyllis M. Jones; Cynthia A. Norton; and Katherine A. Constantine
In the face of a partial dissent, the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed with the U.S. District Court for the Eastern District of Texas (DC) in reversing the judgment of...
Judge(s):
Priscilla Richman; Jennifer Walker Elrod; and Andrew Oldham
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held a bankruptcy court erred as a matter of law in finding that a creditor's claim for damages was not a "personal injury tort" claim for...
In consolidated appeals, the U.S. Court of Appeals for the Third Circuit held (1) it lacked appellate jurisdiction to hear a first appeal taken from a district court's order denying as moot a...
In this consolidated appeal of two decisions by the U.S. District Court for the Western District of Pennsylvania (DC) by creditor Shanni Snyder (Snyder) arising out of the bankruptcy of U Lock,...
Judge(s):
Stephanos Bibas; Arianna J. Freeman; and Richard L. Nygaard
