Defendants forfeited their right to challenge the authority of a bankruptcy judge who was transferred to sit in the Bankruptcy Division of the United States District Court for the Virgin Islands by...
Due to the lack of due process resulting from the debtors' failure to include a proper mailing address for a debt, no part of the creditor's claim was discharged under 11 U.S.C. § 727.
Judge(s):
Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges
Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...
Judge(s):
John M. Walker Jr.; William J. Nardini; and Denny Chin
The U.S. Court of Appeals for the Seventh Circuit held the "safe harbor" of 11 U.S.C. § 546(e), which shields from avoidance certain transfers made “in connection with a securities contract,”...
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court didn't err in denying a chapter 11/subchapter V debtor's motion for relief under Fed. R. Bankr. P 9024/Fed. R. Civ. P....
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in approving compensation for a Subchapter V Trustee over a debtor’s objection for work...
The Ninth Circuit Court of Appeals affirmed the bankruptcy court's decision awarding fees to the chapter 13 debtor's attorney and modifying the chapter 13 plan to pay the fees, over the objection...
Judge(s):
CLIFTON and SANCHEZ, Circuit Judges, and KORMAN,** District Judge
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...
Judge(s):
William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
Rejecting the holding of a non-precedential summary order, the Second Circuit clarified that parties may be added to an action -- without leave of the court and without reference to Fed. R. Civ. P....
Judge(s):
CALABRESI, NATHAN, Circuit Judges, AND NAGALA, District Judge