The U.S. Court of Appeals for the Sixth Circuit concluded the Appellants "waived their appeal" by failing to address the bankruptcy court's two reasons for denying their motion to compel...
The bankruptcy court may set a deadline for for creditors to join a pending involuntary petition. Also, a putative debtor need not plead defenses to the
avoidability of a pre-petition...
The Fourth Circuit affirmed the district court’s dismissal of two consolidated cases under the doctrine of forum non conveniens, finding that the suits were better suited for litigation in...
The U.S. Court of Appeals for the Third Circuit overturned a district court and reinstated a bankruptcy court's ruling that a liquidating trustee under a chapter 11 plan of liquidation could not...
The Court of Appeals for the Tenth Circuit affirmed the United States District Court for the District of Wyoming dismissal of a landowner's breach of contract claim as moot after the assignee of...
Aligning with Fourth and Fifth Circuits, the Eleventh Circuit held that corporate debtors in Subchapter V proceedings who seek to confirm non-consensual plans under section 1191(b) cannot discharge...
The U.S. Court of Appeals for the 8th Circuit reversed and remanded the district court’s decisions against applying a joint stipulation between Plaintiff and Defendant and against applying...
The United States Court of Appeals for the Second Circuit affirmed the judgment of the District Court. The Court upheld the Receiver's motion, which included: (1) permanently enjoining the...
Reversing the U.S. Bankruptcy and U.S. District Courts for the Southern District of Texas (BC and DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) deemed that the settlement and...
