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...
Claim preclusion does not bar a debtor from amending their schedule of exemptions (which is allowed under Fed. R. Bankr. P. 1009(a)) when the amendments assert different grounds for exempting...
Judge(s):
Marsha S. Berzon and Mark J. Bennett, Circuit Judges, and Joan H. Lefkow, District Judge, sitting by designation
The Fourth Circuit vacated the Department of Labor's Benefits Review Board decision. The Fourth Circuit held: (1) the Board erred in affirming the ALJ's conclusion that Arch was liable for...
Per Ritzen Group v. Jackson Masonry, the bankruptcy court's order vacating its prior stay relief and abstention order and reimposing the automatic stay was a final order subject to immediate appeal...
The U.S. Court of Appeals for the Eleventh Circuit reversed a bankruptcy court's award of monetary sanctions under 28 U.S.C. § 1927 against Appellant, a non-attorney pro se litigant. Appellant...
The U.S. Court of Appeals for the Sixth Circuit held a bankruptcy court erred in excluding a key witness's deposition testimony at trial. The witness, who was scheduled to testify over multiple...
The circuit court held that courts must follow a two-step analysis to determine which presumption of reliance, the Affiliated Ute presumption or the Basic presumption, is applicable in...
The United States Bankruptcy Appellate Panel for the Eighth Circuit overturned a bankruptcy court’s orders denying a lien avoidance motion and dismissing a related adversary proceeding. On the...
