Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
The governmental entities' claims for damages for environmental damages, other than those recognized under environmental laws such as the Clean Water Act and CERCLA and state and local equivalents...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
Court affirmed imposition of sanctions against Debtor's counsel for filing two different petition for relief for Decedent's estate. Counsel knew or should have known that Decedent's estate is not...
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
State court judgment for fraud entered after debtor chose not to participate in trial had issue preclusive effect in subsequent nondischargeability litigation.