The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...
Judge(s):
Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.
A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
Wading into three areas of law-the Bankruptcy Code, the Internal Revenue Code (IRC), and Illinois state law—the U.S. Court of Appeals for the Seventh Circuit (Circuit) concluded that the...
The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...
The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and bankruptcy court decisions to permissively abstain from resolving its competing claims with its former counsel,...
