A 9th Circuit BAP affirmed an opinion of the Bankruptcy Court for the Eastern District of California holding that a settlement agreement with a pension fund is not an executory contract because the...
A bankruptcy court cannot reduce the amount of fees requested by a debtor's counsel without giving the lawyers notice and an opportunity for hearing if the rationale for the fee reduction is in the...
The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.
Vacating and affirming in part the rulings of the U.S. District Court for the District of Connecticut (DC), U.S. Court of Appeals for the Second Circuit (Circuit) vacated the DC's ruling that the...
Judge(s):
William j. Nardini; Sarah A. L. Merriam; and Gary S. Katzmann
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's approval of a settlement, over the objection of the debtor, between a chapter 7 trustee and creditors satisfying the...
The 5th circuit held that the contracts that were at issue were not ambiguous. And, the definitions of critical terms contained within the contracts (that were the central focus of the disputes)...
The Eighth Circuit Court of Appeals held that the cram down provision of Section 1225(a)(5)(B)(ii) requires the bankruptcy court evaluate the ultimate risk of nonpayment, therefore courts using a...
Affirming the "person aggrieved" standard for standing to appeal an order of the bankruptcy court, the Fifth Circuit held that a party without an allowed claim against the debtor does not have...
Affirming the U.S. Bankruptcy Court and U.S. District Court for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit deemed the payment of a $3.3 million...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and Kurt D. Engelhardt
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's finding that sale proceeds were cash collateral and its approval of a stipulation with the IRS.
