Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...
In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...
Judge(s):
WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in its application of the "two-dismissal rule" in Federal Rule of Civil Procedure 41(a)(1)(B) to a third motion...
Members of the Official Committee of Unsecured Creditors who were removed from the Committee by the bankruptcy court did not have standing to appeal the bankruptcy court's order that removed them...
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not err in granting a summary judgment finding a debtor owed his sister-in-law a non-dischargeable debt based on his...
Joining the U.S. Courts of Appeals for the Ninth and Tenth Circuits, whose decisions the U.S. Bankruptcy Court for the Northern District of Illinois (BC) had followed, the U.S. Court of Appeals for...
Judge(s):
Thomas Kirsch; Frank Easterbrook; and Diane S. Sykes
OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...
Reviewing a non-bankruptcy judgment of the U.S. District Court for the Northern District of Illinois (DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) held an original mortgagee's...
Judge(s):
Candace Jackson-Akiwumi; Diane Wood; and Thomas Kirsch
