Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
Federal courts can award attorney’s fees for state-court proceedings that the law requires to advance federal claims. Caselaw has established a “separate-but-related proceeding” exception to...
Because Appellant's failure to attach the bankruptcy court's judgment to its notice of appeal was not a jurisdictional defect, the District Court abused its discretion in dismissing the appeal....
The bankruptcy court misconstrued its post-confirmation jurisdiction. Such jurisdiction exists only where disputes relate to a bankruptcy plan’s execution or implementation. The post-confirmation...
The U.S. Court of Appeals for the Fourth Circuit held a district court abused its discretion in dismissing an appeal owing to the appellant's failure to file a designation of the record on appeal...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed the order of the U.S. Bankruptcy Court for the District of North Dakota (BC) granting Capital Credit Union (CCU) relief...
Judge(s):
Phyllis M. Jones; Cynthia A. Norton; and Katherine A. Constantine
In a dispute between two secured creditors over which has priority in the proceeds of encumbered accounts, courts must look to any intercreditor or similar agreements between the secured creditors...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held a bankruptcy court erred as a matter of law in finding that a creditor's claim for damages was not a "personal injury tort" claim for...
The Ninth Circuit reversed the district court and remanded to the bankruptcy court with instructions to dismiss the adversary proceeding for lack of jurisdiction.
There can be no claim preclusion of state and federal claims of exemption because § 522(b)(1) and Schedule C prohibit raising state and federal homestead exemptions on a single schedule. The claim...
