Relying on the harmless error standard in Rule 9005, the court bypassed the issue of whether a bankruptcy court may order the substantive consolidation of two or more entities without the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and BRASHER and ABUDU, Circuit Judges
In a warning to creditors, the court held that service of a summons and complaint on a debt collector was valid service on the creditor that had placed the debt for collection because (1) the...
The Ninth Circuit Court of Appeals affirmed the District Court's denial of a creditor's interlocutory appeal of the bankruptcy court's order denying arbitration, though on different grounds than...
The U.S. Court of Appeals for the Eleventh Circuit held that while contingent indemnification claims by co-liable creditors are disallowed under 11 U.S.C. § 502(e)(1)(B), claims for accrued...
The U.S. Court of Appeals for the First Circuit upheld a district court's order staying and enjoining Plaintiffs/Appellants' continued litigation against Defendant/Appellee Puerto Rico Police...
The U.S. Court of Appeals for the First Circuit reversed a district court decision allowing plaintiffs to collect attorneys' fees from Puerto Rico related to a lawsuit about COVID-19 pandemic...
A Fifth Circuit majority upheld an order stating a Chapter 7 Trustee could not include surplus funds paid to a debtor's equity security holder in calculating a commission under 11 U.S.C. § 326(a)....
The Bankruptcy Court did not err in using the $2.05 million settlement amount to value the claim. Because the Aurora Claim was only $2.05 million, Allonhill was solvent on the transfer dates....
The district court’s order refusing to stay the sale is not final, as it did not end any bankruptcy proceedings, and it is not immediately appealable because it does not implicate a substantial...
The Fifth Circuit affirmed the district court and bankruptcy court. The bankruptcy court had jurisdiction to decide the state-law issues underlying the administrative expense claim. The...