A claim against a debtor's bankruptcy estate that is based on an alleged oral promise by the debtor or its authorized officer to pay the debt of another must be supported by evidence sufficient to...
Judge(s):
ST. EVE, KIRSCH, and JACKSON-AKIWUMI, Circuit Judges
The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
In a split decision, a panel of the United States Court of Appeals found that the Chapter 11 bankruptcy of a solvent entity created by the "Texas Two Step" was not a per se bad faith filing and...
The Debtor's former business partner had standing to seek a nondischargeable judgment against the Debtor arising from her embezzlement of funds from the LLC that they co-owned. The Court explicitly...
The issue of when a one-year discovery extension to the Uniform Fraudulent Transfer Act's four-year statute of limitations begins to run is an issue of law if the facts that could have put the...
The Fourth Circuit held that a multiemployer pension plan's filing of a "contingent" proof of claim for withdrawal liability in a contributing employer's bankruptcy did not constitute a "notice and...
Optimism does not provide a basis for asserting securities fraud allegations. Puffery does not constitute a material misstatement. Accurate statements of historical facts are not actionable. Mere...
The U.S. Court of Appeals for the Sixth Circuit affirmed a bankruptcy court's summary judgment dismissal of a successor chapter 7 trustee's claims against the original trustee and the debtor's...
The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's summary judgment decision dismissing a bankruptcy debtor's counterclaims and third party claims in a non-adversary...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
