Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
The U.S. Court of Appeals for the Eleventh Circuit upheld a district court's sua sponte dismissal, with prejudice, of a pro se plaintiff/debtor's in forma pauperis complaint against a bankruptcy...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
Judge(s):
Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
Section 363(m) of the Bankruptcy Code precludes judicial review of “nonconsensual third-party releases” authorized under the confirmed plan, as the insurance policy buyback was integral to the...
In an appeal arising out of the converted chapter 7 case of Western Robidoux, Inc. (WRI), the U.S. Court of Appeals for the Eighth Circuit (Circuit), as had the U.S. District Court for the Western...
Judge(s):
Raymond Gruender; Jane L. Kelly; and L. Steven Grasz
The U.S. Court of Appeals for the Third Circuit reinstated a bankruptcy court's order sanctioning the Appellee Law Firm by (a) disgorging all fees it collected from the ch. 7 Debtors/Appellants as...
In dueling appeals arising from the same case, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the grant by the district court of the motion for summary judgment, based on the...
Judge(s):
Jennifer Walker Elrod; Edith Brown Clement; and Irma Carrillo Ramirez
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
In yet another example of the truth of the adage that "the man who is his own lawyer has a fool for his client," the Court of Appeals affirmed the defendant's convictions for bankruptcy and mail...
