The Fourth Circuit held that § 327(a) does not permit former trustees to file post-hoc applications to employ professionals for work done while they were trustees if the case has already been...
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...
The U.S. Court of Appeals for the Ninth Circuit held a district court abused its discretion in imposing a "docket management" stay on a securities class action lawsuit related to a pending...
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
Joining the U.S. Court of Appeals for the Fourth Circuit, and diverging from some bankruptcy courts, including the one below, the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that, in...
Judge(s):
Stuart K. Duncan; Stephen A. Higginson; and Patrick Higginbotham
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court erred in sanctioning a law firm and its client by shifting $239,655 in legal fees. The fee-shifting amounted to a criminal...
The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...
In a non-precedential opinion, the Third Circuit held that, under Texas law, a landlord and tenant-assignee cannot amend a lease to increase the tenant-assignor’s liability under the lease unless...
Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...
The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
