The Fourth Circuit affirmed the bankruptcy court’s denial of the motion to dismiss for lack of subject-matter jurisdiction filed by the Official Committee of Asbestos Claimants. The Fourth...
The U.S. Court of Appeals for the 7th Circuit dismissed Claimant’s appeal after he did not respond to Debtor’s service of documents regarding his tort claim. Proper service depends on the...
The Eleventh Circuit concluded that contractual ambiguities in an investment account agreement precluded the entry of summary judgment on claims concerning whether the debtor and his wife granted...
The United States Court of Federal Claims determined it had subject matter jurisdiction over their action but nevertheless dismissed it for failure to state a claim upon which relief could be...
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...
