A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges [*United States Court of Appeals for the Seventh Circuit, sitting by designation]
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
The Court of Appeals concluded that the bankruptcy court's determination of the value of a bitcoin mining property was not clearly erroneous. Specifically, the Court of Appeals found that the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and JILL PRYOR, and BRASHER, Circuit Judges
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
In affirming the bankruptcy court's grant of summary judgment in favor of defendants, the Eleventh Circuit held that plaintiff was sufficiently on notice of defendants' defenses and was not...
