In a summary order, the Second Circuit Court of Appeals affirmed the district court’s November 15, 2016 judgment, finding that five of the appellant’s arguments were meritless for the same...
Judge(s):
The Honorable José A. Cabranes; The Honorable Debra A. Livingston; and The Honorable Richard W. Goldberg of the United States Court of International Trade, sitting by designation.
On an issue of first impression, the Eleventh Circuit concluded that section 362(k) of the Bankruptcy Code authorizes the payment of attorney's fees and costs incurred by debtors in stopping a...
Judge(s):
Ed Carnes, Chief Judge, and Black, Circuit Judge, and May, District Judge
The Sixth Circuit BAP held the notice provided by the Bankruptcy Court's order of May 29, 2015 was not reasonably calculated to give the Debtor notice of what issues would be considered at June 2,...
Judge(s):
Humphrey, Opperman and Preston. Opinion by Preston
Affirmed the BAP's decision (i) reversing the Bankruptcy Court's dismissal of the estate's fraudulent transfer claims as being time-barred, and (ii) affirming the Bankruptcy Court's dismissal of...
Judge(s):
Kim McLane Wardlaw, Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
The appellant, Hefner, did not have standing to appeal the district court's order holding that Hefner had standing to object to a settlement approved by the bankruptcy court. The court of appeals...
The plaintiff in a state-court shareholder derivative suit was not entitled to additional discovery because his claims, other than for attorney's fees, had been mooted by confirmation of a Chapter...
In this case lies a warning to all attorneys -- the bankruptcy court did not abuse its discretion in denying the debtor's motion to extend the time for her to file an appeal. The debtor's...
The Court of Appeals affirms the bankruptcy court's determination to deny Debtor a chapter 7 discharge on grounds that she made material knowing, and fraudulent false oaths in the course of her...
