While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Robert J. Faris
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court order dismissing a creditor's amended pleading upon concluding that § 523(a)(4) does not except debts of a trustee...
Judge(s):
Charles R. Wilson; Elizabeth L. Branch; and Barbara Lagoa
The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...
