In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Bankruptcy court misapplied California law. Debtor remained liable for the entire amount of his own educational loan debt even though he agreed to a 50-50 division of the debt with his ex-wife in...
