In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court finding that the Bankruptcy Court lacked good cause to reopen the former confirmed chapter 11 case of...
Judge(s):
CHAGARES, Chief Judge, MATEY and FUENTES, Circuit Judges
The Sixth Circuit Court of Appeals affirmed lower court decisions district court denying a motion to set aside a default judgment under Rule 60(b)(4) of the Federal Rules of Civil...
Judge(s):
Larsen, Boggs and McKeague. Opinion by Larsen. Dissent by McKeague.
A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
Circuit court reversed the district court's reversal of the bankruptcy court denial of a group of creditors', "Falcon," "Amendment of Informal Proofs of Claim." The bankruptcy found that Falcon had...
The U.S. Court of Appeals for the Fifth Circuit held (a) the Minor Children had Article III standing to appeal from a bankruptcy court's decision denying their motion for a "comfort order" to...
Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
In its second opinion of the year arising from contempt orders and sanctions awards against the former CEO of debtor Highland Capital Management, the Fifth Circuit affirmed the Bankruptcy Court's...
The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and bankruptcy court decisions to permissively abstain from resolving its competing claims with its former counsel,...
