Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...
Judge(s):
Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett
Finding that the text of Illinois’ version of the Uniform Fraudulent Transfer Act set up multiple ways in which a business can be insolvent for purposes of fraudulent transfer liability, the...
The U.S. Court of Appeals for the Third Circuit affirmed a district court's determination that a bankruptcy court did not abuse its discretion in denying fees to a chapter 11 debtor's counsel based...
The U.S. Court of Appeals for the Ninth Circuit (Circuit) affirmed the dismissal of the decision of the circuit's Bankruptcy Appellate Panel (BAP) to affirm the partial dismissal of an adversary...
Judge(s):
Sidney R. Thomas; Gabriel P. Sanchez; and Consuelo Callahan
The Eleventh Circuit affirmed the tax court's determination that the consent order entered between the IRS and Breland during the pendency of his chapter 11 bankruptcy did not fix Breland's tax...
The U.S. Court of Appeals for the Fifth Circuit held a bankruptcy court did not abuse its discretion in refusing to allow a creditor-appellant's proposed second amended claim filed 11 months after...
Members of the Official Committee of Unsecured Creditors who were removed from the Committee by the bankruptcy court did not have standing to appeal the bankruptcy court's order that removed them...
OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
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...
