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.
The United States Court of Appeals for the Second Circuit affirmed the judgment of the District Court. The Court upheld the Receiver's motion, which included: (1) permanently enjoining the...
The U.S. Court of Appeals for the 7th Circuit affirmed Defendants’ convictions. Rudimentary math and attention to detail do not constitute expert testimony. The allowance of summary witness...
The U.S. Court of Appeals for the First Circuit upheld a bankruptcy court's summary judgment determination that, under Massachusetts law, an affidavit of sale filed prepetition provided...
The U.S. Court of Appeals for the Second Circuit upheld a bankruptcy court's summary judgment ruling against a debtor, denying him a discharge pursuant to 11 U.S.C. §727(a)(3). The bankruptcy...
The U.S. Court of Appeals for the 9th Circuit affirmed the district court’s judgment affirming the bankruptcy court’s dismissal of adversarial proceedings surrounding state criminal convictions...
11th Circuit affirmed the bankruptcy court’s approval of a settlement between the bankruptcy estate’s trustee and a creditor, Green Tech Development, LLC.
The U.S. Court of Appeals for the Eleventh Circuit upheld a district court's sua sponte dismissal, with prejudice, of a pro se plaintiff/debtor's in forma pauperis complaint against a bankruptcy...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
Judge(s):
Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
In a summary order, the Second Circuit rejected the debtor's argument that the government's filing of a Notice of Federal Tax lien allegedly in violation of the automatic stay provides a basis to...
