The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
In determining a monetary damages award in an arbitration between two non-debtors, a court can value a capital account held by a debtor in bankruptcy since a money judgment based on that valuation...
An appeal in a civil case from the District Court is timely under Fed. R. App. P. 4 if filed within 30 days of the order being appealed from and the failure to properly designate the order from...
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
In short, Appellants' claims do not fit into the narrow
category of matters that "have no existence outside of the
bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d
at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
