Overruling the U.S. District Court for the Eastern District of California (DC) and deeming mootness inapposite, the U.S. Court of Appeals for the Ninth Circuit (Circuit) held the plain language of...
Judge(s):
Carlos T. Bea; Ana de Alba; and Jeffrey Vincent Brown
Faced with a dispute among unsecured and secured creditors over the allocation of equity in a reconstituted chapter 11 debtor, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found the...
Judge(s):
Edith H. Jones; Kurt D. Engelhardt; and Andrew S. Oldham
In a summary order, the Second Circuit dismissed consolidated appeals by a non-debtor tenant who was evicted from the underlying debtor's business property which was sold to a third party under 11...
Section 363(m) of the Bankruptcy Code precludes judicial review of “nonconsensual third-party releases” authorized under the confirmed plan, as the insurance policy buyback was integral to the...
In this second appeal arising out of a long-running case based on allegations of a transnational fraudulent scheme-a conspiracy by and among Citigroup, Inc. (Citi); its agents, Citibank (CB) and...
Judge(s):
Jill A. Pryor; Elizabeth L. Branch; and Britt C. Grant
The U.S. Court of Appeals for the Third Circuit held a magistrate judge properly exercised jurisdiction to enter a final judgment in an appeal from an adversary proceeding pursuant to 28 U.S.C. §...
In an appeal arising out of the converted chapter 7 case of Western Robidoux, Inc. (WRI), the U.S. Court of Appeals for the Eighth Circuit (Circuit), as had the U.S. District Court for the Western...
Judge(s):
Raymond Gruender; Jane L. Kelly; and L. Steven Grasz
On remand from the Supreme Court, vacating the Circuit's prior opinion, the Circuit Court held that the Chapter 7 trustee was barred from recovery on a fraudulent conveyance, claim under Utah state...
On remand, the Fourth Circuit affirmed the bankruptcy court’s and district court’s approval of the debtors’ chapter 11 reorganization plan. The Fourth Circuit found that the plan was...
The Fourth Circuit affirmed both the bankruptcy court’s and district court’s grant of summary judgment in favor of the chapter 7 trustee. The Fourth Circuit found that the $1 million deposited...
