Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
In litigation that spanned many years, the 5th Circuit held that post-judgment interest, pursuant to 28 USC Sec. 1961(a),(c)(4) [applicable to bankruptcy courts as units of the district courts],...
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
A lawyer is not disqualified from representing a bankruptcy trustee solely because the firm acted as outside general counsel to a company that had been voluntarily dismissed as a defendant from...
The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...
A Ninth Circuit BAP affirmed a decision of the bankruptcy court. The court reasoned that the production company's state law contract claim was a core proceeding because it concerned the...
The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...
A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...
