Circuit Court affirmed Bankruptcy Court's and District Court's dismissal of claims brought by non-debtors for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. These claims...
The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
The Fourth Circuit affirmed the district court's dismissal of the adversary proceeding against the Insurer for lack of standing. The Fourth Circuit held that: (1) the Geostellar Trustee lacked...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
In a decision that reduced Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), to one footnote, the court ruled that district courts could enter third-party injunctions in SEC Ponzi-scheme...
Judge(s):
EBEL (sitting by designation), BADE, and FORREST, Circuit Court judges
In the first review of Up-Tier lending (discussed in the "Facts" section of this summary) by a court of Appeals, the Fifth Circuit held that the pre-petition up-tier lending arrangement between the...
The 5th Circuit affirmed the District Court's ruling that denied the plaintiffs' claims for successor liability under the WARN Act against a purchaser of assets from a bankruptcy debtor. The Court...
The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...
The Fourth Circuit affirmed the district court’s order upholding the bankruptcy court’s entry of default judgment against multiple defendants as a discovery sanction, which awarded the chapter...
The district court has no jurisdiction to consider an appeal from an order of the bankruptcy court if the appellant fails to file the notice of appeal in a timely manner. A timely notice of appeal...
