The plaintiff's failure to serve a summons on a defendant in a defendant in an adversary proceeding as required by Fed. R. Bankr. P. 7004(e), and failure to timely cure his failure to properly...
Sustaining the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s summary judgment grant, the U.S. Court of Appeals for the Sixth Circuit (Circuit) held malpractice claims...
Judge(s):
Richard F. Suhrheinrich; Bernice B. Donald; and Eric E. Murphy
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed the order, of the U.S. Bankruptcy Court for the Eastern District of Missouri (BC), denying relief requested by the debtor,...
Judge(s):
Anita L. Shodeen; Kathleen H. Sandberg; and Dennis R. Dow
5th Cir. affirmed District Court (SD Tx.) denial of Rule 60(b)(6) motion to set aside judgment. Appellant did not seek relief under Rule 60(b)(1) for attorney's failure to appear at hearing; Rule...
Two of the appellant's appeals were dismissed for lack of jurisdiction because the lower court had not yet entered a final, appealable order. The remaining appeals were denied, and the district...
Pursuant to 28 U.S.C. § 1291, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court for the District of Utah (BC), itself previously confirmed...
Judge(s):
Carlos F. Lucero; Jerome A. Holmes; and Allison H. Eid
Affirming the lower court’s grant of summary judgment to the Pension Benefit Guaranty Corp. (PBGC), the U.S. Court of Appeals for the Sixth Circuit (Circuit) held that the termination of a...
Judge(s):
Eugene E. Siler Jr.; Julia S. Gibbons; and John B. Nalbandian
The Court of Appeals affirmed the district court's order, which had affirmed the bankruptcy court decision to not award the Plaintiff enhanced statutory damages for timber trespass, because the COA...
The Court of Appeals vacated the bankruptcy court's approval of Gateway Radiology Consultants' (Debtor) motion to incur indebtedness, because the COA concluded that the Small Business...
