The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...
Judge(s):
Sarah A. Hall; Janice D. Lloyd; and William T. Thurman
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
