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...
Aligning with Fourth and Fifth Circuits, the Eleventh Circuit held that corporate debtors in Subchapter V proceedings who seek to confirm non-consensual plans under section 1191(b) cannot discharge...
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
Overruling the U.S. District Court for the Eastern District of California (DC) and deeming mootness inapposite, the U.S. Court of Appeals for the Ninth Circuit (Circuit) held the plain language of...
Judge(s):
Carlos T. Bea; Ana de Alba; and Jeffrey Vincent Brown
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
In a 2-1 decision, the Fifth Circuit held a bankruptcy court erred in refusing to consider a debtor's unclean hands defense to a claim to except a state court judgment debt from discharge under 11...
The Second Circuit Court of Appeals held a standing trustee cannot keep a percentage fee collected from a debtor’s pre-confirmation payments if a chapter 13 plan isn't confirmed. While 28 U.S.C....
