The U.S. Court of Appeals for the Sixth Circuit concluded the Appellants "waived their appeal" by failing to address the bankruptcy court's two reasons for denying their motion to compel...
The bankruptcy court may set a deadline for for creditors to join a pending involuntary petition. Also, a putative debtor need not plead defenses to the
avoidability of a pre-petition...
Affirming the bankruptcy court and the BAP, the Court of Appeals ruled that a guarantor's execution of a guaranty and his payment thereunder were not avoidable under Utah's Uniform Fraudulent...
The U.S. Court of Appeals for the 11th Circuit affirmed the other courts’ decisions against Debtor. The Court’s ruling that limits district courts’ ability to retroactively confer...
The U.S. Court of Appeals for the 11th Circuit affirmed the district court’s and bankruptcy court’s decisions to deny Debtor’s appeal and motion to reconsider. The bankruptcy court did not...
The Fourth Circuit affirmed the district court’s dismissal of two consolidated cases under the doctrine of forum non conveniens, finding that the suits were better suited for litigation in...
The U.S. Court of Appeals for the Eighth Circuit held a bankruptcy court did not err in disallowing the chapter 7 debtors' claimed exemption in a prepetition, contingent, unliquidated personal...
The Court of Appeals for the Tenth Circuit affirmed the United States District Court for the District of Wyoming dismissal of a landowner's breach of contract claim as moot after the assignee of...
The U.S. Court of Appeals for the Federal Circuit affirmed the Merit System Protection Board’s decision dismissing Plaintiff's individual right of action (“IRA”) appeal for a lack of...
The bankruptcy court's exercise of its power under 11 U.S.C. § 362(d) to annul the automatic stay was not subject to the Supreme Court's prohibition on nunc pro tunc orders. See Catholic...
Judge(s):
WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit Judges.