The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
The U.S. Court of Appeals for the Third Circuit held a district court didn't abuse its discretion in dismissing the appellant's employment discrimination cases, without prejudice, based on judicial...
The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...
In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...
Judge(s):
Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Dismissal of an involuntary bankruptcy petition under the abstention statute, 11 U.S.C. § 305(a), does not deprive the debtor of its rights to seek fees and damages under 11 U.S.C. § 303(i), and...
For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...
