The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
Judge(s):
Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
The 5th Circuit vacated and remanded the bankruptcy and district court judgments with instructions to dismiss. It held that the bankruptcy court lacked jurisdiction to approve post-confirmation...
The 9th Circuit BAP affirmed the Bankruptcy Court and held that the collection of discharged debt from debtor’s alter ego does not violate discharge injunction.
Participants in an ESOP plan established by an S corporation have claims against the plan, not against the corporation itself. As a result, the plan participants' claims were disallowed,
The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) affirmed the decision of the U.S. Bankruptcy Court for the Southern District of Iowa (the “Bankruptcy Court”) granting...
Agreeing with the U.S. Bankruptcy and the U.S. District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found no error in the...
Judge(s):
Michael B. Brennan; Michael Y. Scudder; and Thomas Kirsch
The sole member of a Chapter 7 debtor lacks standing to appeal an order that compelled him to give the trustee access to and control of financial and other systems and records used in the debtor's...
Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
The record facts, framed by the external context and circumstances, make plain that there is no error in the judgments of the able bankruptcy and district courts. The lender did not engage in fraud...
Judge(s):
Before Higginbotham, Southwick, and Higginson, Circuit Judges. Patrick E. Higginbotham, Circuit Judge