Creditor with medical malpractice claim against the debtor was allowed to file a late proof of claim, and was granted relief from stay to pursue a state court lawsuit. Evidence that Creditor had...
An appeal in a civil case from the District Court is timely under Fed. R. App. P. 4 if filed within 30 days of the order being appealed from and the failure to properly designate the order from...
Sixth Circuit BAP affirmed Bankruptcy Court's order granting summary judgment for the creditor in a non-dischargeability case under Section 523(a)(6) determining that a jury verdict in U.S....
Judge(s):
Delk, Preston and Wise, Bankruptcy Appellate Judges
In affirming the district court and bankruptcy court, the 11th Circuit held that 11 U.S.C. 707(b) applies to a petition that was initially filed under Chapter 13 but later converted to a petition...
Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Affirming the decision of the district court (D. Minn.) that a creditor's debt was nondischargeable under § 523(a)(2)(A). The evidence showed that the debtor had defrauded the creditor by, among...
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
AFFIRMING the judgment of the district court dismissing claims asserted by former debtors (collectively, “BPP”) against the Royal Bank of Scotland Group, PLC (“RBS”), RBS Citizens, N.A....
Judge(s):
Jacobs, Pooler, Circuit Judges, and Crawford, District Judge (sitting by designation)
