The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
Ninth Circuit Court of Appeals dismissed the case for lack of jurisdiction under 28 U.S.C. §§ 1291, 1292, and 158(d)(1) finding that the order was not final because it did not "end the litigation...
Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
The Fifth Circuit affirmed the district court's order. The Fifth Circuit held: (1) the bankruptcy court had proper related to jurisdiction since the contested tax liens in the state court action...
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
The bankruptcy court misconstrued its post-confirmation jurisdiction. Such jurisdiction exists only where disputes relate to a bankruptcy plan’s execution or implementation. The post-confirmation...
The Ninth Circuit reversed the district court and remanded to the bankruptcy court with instructions to dismiss the adversary proceeding for lack of jurisdiction.
The circuit court affirmed the district court’s decision upholding the bankruptcy court’s dismissal of Debtors’ petition and imposition of a new filing bar. The bankruptcy court had the...
In this consolidated appeal of two decisions by the U.S. District Court for the Western District of Pennsylvania (DC) by creditor Shanni Snyder (Snyder) arising out of the bankruptcy of U Lock,...
Judge(s):
Stephanos Bibas; Arianna J. Freeman; and Richard L. Nygaard