In an opinion disposing of two appeals by one creditor, Hadi Zeghuzi (CR), of the Sunny Hills Aquatic Club (DR), the debtor - one of an order issued by the bankruptcy court (BC) sustaining the DR's...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
The 11th Circuit held that the bankruptcy court's determination of parties' rights under a series of state court judgments and orders did not violate the Rooker-Feldman doctrine and the doctrine of...
Judge(s):
William Pryor, Chief Judge, Jordan and Marcus, Circuit Judges
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's findings that the debtor had defamed creditor and that the defamation constituted willful and malicious injury under...
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
