The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to abstain from adjudicating the adversary...
Judge(s):
Sarah A. Hall; Janice D. Lloyd; and William T. Thurman
The bankruptcy court did not err overruling Debtor's objection to claim because the Debtor was bound by an earlier agreement with Secured Creditor for the amount of post-petition interest and late...
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
The court acted within its discretion to remove the debtor as debtor in possession of its chapter 11 Subchapter V case for cause and allow the trustee to convert the case to one under chapter 7...
