Finding that the Bankruptcy Court misinterpreted its opinion from a prior appeal, the Fifth Circuit reverses in part the confirmation order and remands to the District Court to rewrite the plan's...
The Fifth Circuit affirmed the district court’s grant of summary judgment on grounds of judicial estoppel, as well as the denial of Keathley’s motion for reconsideration. The court found no...
The 4th Circuit affirmed the bankruptcy court's determination that the debtor's sale of her residence without prior approval of the bankruptcy court violated the terms of the Local Rule, but it...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge George Steven Agee; Circuit Judge Paul Victor Niemeyer
Circuit Court affirmed Bankruptcy Court's and District Court's dismissal of claims brought by non-debtors for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. These claims...
The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...
The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...
