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...
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court finding in favor of the chapter 7 trustee avoiding a...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...
In affirming the lower courts, the Fifth Circuit holds that state court litigation in Kansas can and should proceed unaffected by a reopened chapter 7 bankruptcy case after the Chapter 7 trustee...
On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...
Judge(s):
CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges
The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...
Judge(s):
Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.
