Court of Appeals affirmed, in part, dismissed the debtor/co-defendants' appeals for lack of standing, and reversed and remanded, in part. Case remanded to the bankruptcy court to consider whether...
The U.S. Circuit Court for the First Circuit held (1) parties holding revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA) have a non-recourse claim on PREPA's estate for the...
Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...
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...
The Fifth Circuit certified to the Mississippi Supreme Court the narrow issue of whether the Mississippi champerty statute (Miss. Code Ann. § 97-9-11) voids the assignment of a cause of action...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) held that Ricky Hughes (DR), a former chapter 13 debtor whose first plan payment dated nearly 10 years earlier, had the standing to...
Judge(s):
Ralph R. Erickson; Michael J. Melloy; and David Stras
The U.S. Bankruptcy Appellate Panel of the Sixth Circuit held a bankruptcy court erred in granting summary judgment to a debtor/appellee on a creditor/appellant's claim to except a debt from her...
The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...
Judge(s):
Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez
The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...
In this challenge by Kenneth Pettine (DR), a chapter 7 debtor, of the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) granting the motion by a trustee (TR) for a charging...
Judge(s):
Robert H. Jacobvitz; Dale L. Somers; and Janice Loyd
