Judicial estoppel applies if a party’s position is clearly inconsistent with its former position; the party succeeded in persuading a court to accept that party’s position, so that judicial...
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
In short, Appellants' claims do not fit into the narrow
category of matters that "have no existence outside of the
bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d
at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
The United States Court of Appeals for the Third Circuit affirmed the United States District Court for the Western District of Pennsylvania (the "District Court") order dismissing the Amended...
Judge(s):
Greenaway, Jr., Shwartz, Circuit Judges; and Simandle, Chief District Judge of the United States District Court for the District of New Jersey, sitting by designation
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
The Order denying Debtor's Second Reconsideration of the Bankruptcy Court's order sustaining the Chapter 7 Trustee's objection to certain claimed exemptions is Affirmed.
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
