Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy judge's order approving a settlement between a chapter 7 trustee and the debtor's landlord under F.R.B.P. 9019. The settlement...
Lightsway Litigation Services erred under New Jersey’s issue preclusion laws. Under New Jersey law, precluded issues must be identical to previously decided issues; issues are not identical if a...
The Court of Appeals for the Sixth Circuit formally adopted the test for whether a bankruptcy court should approve a settlement found in the unpublished opinion Bard v. Sicherman (In re Bard), 49...
Federal courts can award attorney’s fees for state-court proceedings that the law requires to advance federal claims. Caselaw has established a “separate-but-related proceeding” exception to...
The Fifth Circuit affirmed the district court's order. The Fifth Circuit held: (1) the bankruptcy court had proper related to jurisdiction since the contested tax liens in the state court action...
In this Summary Order, the Second Circuit affirmed as "moot" the District Court's dismissal of an appeal by a landlord contesting the failure of the bankruptcy court to rule on its stay relief...
Judge(s):
For the Court Catherine O’Hagan Wolfe, Clerk of Court
The Eleventh Circuit affirmed the bankruptcy court's ruling that the debtor transferred intangible assets for reasonably equivalent value, as the bankruptcy court did not err in excluding the...
Appellant did not make a substantial contribution to the reorganization process under Section 503(b)(3)(D). Appellant acted out of self-interest. Appellant’s stated fees included fees unrelated...
The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's (a) judgment that the appellant had to turn over $137,000 to the debtor's estate as prepetition checks he received were...
Judge(s):
R. NELSON and VANDYKE, Circuit Judges, and COLE, District Judge
