The Court of Appeals affirmed the bankruptcy court's ruling that Joel Rosenfeld did not have standing to bring a claim under 11 U.S.C. Sec. 727 since Amy's debts to him were non-dischargeable under...
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
1) The deadline in Bankruptcy Rule 8002 is jurisdictional. The failure to timely file a notice of appeal deprives the district court or BAP, and the Court of Appeals, of jurisdiction. (2) Filing a...
The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
Third Circuit affirmed the dismissal by the District Court of a malpractice lawsuit brought by plaintiffs against their former chapter 11 bankruptcy attorney, on grounds that the lawsuit was barred...
Rule 60(b) relief is extraordinary and may only be granted in exceptional circumstances and is not properly granted where a party merely revisits the original issues and seeks to challenge the...
Sixth Circuit affirmed bankruptcy court's decision and found that the bankruptcy court did not abuse its discretion in modifying its order under Rule 60(b) to clarify that health insurance policies...
Judge(s):
Suhrheinrich, Batchelder and Stranch, Circuit Judges
Sixth Circuit reversed District Court's addition of a related non-party to a judgment on account of alleged transfers to the non-party by a judgment debtor and determined that, under Michigan...
In affirming the district court and bankruptcy court, the 11th Circuit held that 11 U.S.C. 707(b) applies to a petition that was initially filed under Chapter 13 but later converted to a petition...
