In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
Albeit agreeing with the district court that it (as well as itself) had statutory subject matter jurisdiction, the U.S. Court of Appeals for the Eighth Circuit (Panel) concluded that the district...
Judge(s):
James B. Loken; Steven L. Grasz; and Jonathan A. Kobes
The 9th Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's rulings granting relief from the automatic stay under section 362(d)(1) and (d)(4) and dismissing the chapter 13 case where...
The BAP, in affirming the bankruptcy court, held three things:
1) dismissals, even those brought under § 1307(b) requires a court to consider the § 349(a) possibility of dismissal with...
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
Finding no error in the ruling, made by the U.S. Bankruptcy Court for the District of Minnesota (BC), on the amount of damages owed to Madison Resource Funding Corp. (Madison) by Jerry Marsh...
Judge(s):
Charles L. Nail, Jr.; Barry S. Schermer; and Thomas L. Saladino
In this latest chapter of a long-running dispute over farmland (Property) once owned by John and Lorie Finstad (Finstads)—and their second federal appeal involving that parcel’s ownership—the...
Judge(s):
James B. Loken; William D. Benton; and Jane L. Kelly
