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...
The U.S. Court of Appeals for the Second Circuit held a district court erred in granting a summary judgment to a plaintiff and affording preclusive effect to the plaintiff's unchallenged proof of...
In the context of a debtor's right to exempt their homestead, a bankruptcy court may not make an adverse inference against the debtor even if the debtor purchased new property before bankruptcy and...
Judge(s):
HASTINGS, Chief Judge, SURRATT-STATES AND CONSTANTINE, Bankruptcy Judges
The Eleventh Circuit concluded that contractual ambiguities in an investment account agreement precluded the entry of summary judgment on claims concerning whether the debtor and his wife granted...
