5th Circuit affirmed district court (ND Tx.)'s grant of plaintiff's motion for summary judgment in foreclosure suit. Debtor defendant appealed to 5th Circuit. Plaintiff was valid holder of note...
The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
Judge(s):
SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering
the Debtor’s personal property under California Code of Civil Procedure...
Judge(s):
Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.
The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...
Judge(s):
Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges
The Third Circuit Court of Appeals affirmed the Bankruptcy Court’s rulings, finding that the arguments by the pro-se debtors, Christopher Howard Paige and Michele Anna Paige, were “wholly...
Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Chapter 11 cases for individuals may create discharge problems in a liquidating chapter 11. In this appeal, the individual chapter 11 debtors did not continue in their pre-petition businesses, and...
Judge(s):
Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge (EDNY), by designation
Failure to address a lower court's opinion that the appeal was moot under section 363(m) constitutes a waiver of that argument unless the appellant presented evidence at the bankruptcy court, and...
