The U.S. Court of Appeals for the Sixth Circuit held a bankruptcy court erred in excluding a key witness's deposition testimony at trial. The witness, who was scheduled to testify over multiple...
The U.S. Court of Appeals for the Third Circuit affirmed a district court's dismissal of a bankruptcy appeal for failure to comply with Federal Rule of Bankruptcy Procedure 8009 because the...
In a very short opinion, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court's dismissal of an appeal of a settlement, which included a sale approved under 11 U.S.C. §...
The United States Bankruptcy Appellate Panel for the Eighth Circuit overturned a bankruptcy court’s orders denying a lien avoidance motion and dismissing a related adversary proceeding. On the...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Arkansas (BC) to dismiss two debtors chapter 13 case,...
Judge(s):
Shon Hastings; Cynthia A. Norton; and Katherine A. Constantine
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed a bankruptcy court's judgment that a debtor could discharge a $96k private student loan debt owed to the Bank/Appellant....
The U.S. Court of Appeals for the Eleventh Circuit upheld a bankruptcy court's order denying a creditor's motion to extend the deadline to file a non-dischargeability complaint. Its "prior panel...
The U.S. Court of Appeals for the Sixth Circuit concluded the Appellants "waived their appeal" by failing to address the bankruptcy court's two reasons for denying their motion to compel...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court’s and bankruptcy court’s decisions to deny Debtor’s appeal and motion to reconsider. The bankruptcy court did not...