The Seventh Circuit Court of Appeals affirmed the confirmation of Chapter 13 plans that provided for the payment of Debtors’ attorneys' fees before or at the same time as nonpriority unsecured...
The Third Circuit Court of Appeals ruled that Debtor established that Creditor had committed civil contempt when it initiated collection efforts against one of his properties after receiving a...
A performing artist's right to terminate an assignment of a copyright under Section 203(a) of the Copyright Act (17 U.S.C. § 203(a)), even though the right is inalienable by agreement, is property...
The Fourth Circuit affirmed an order denying confirmation of a Chapter 13 plan, which proposed to pay off loans on three luxury vehicles while paying unsecured creditors less than 8 cents on the...
A bankruptcy court needs only to "canvass the issues and see whether the settlement falls below the lowest point in the range of reasonableness" when deciding whether to approve a settlement, not...
Judge(s):
EID and MURPHY, Circuit Judges, and TEETER, District Judge
The Fifth Circuit affirmed the lower courts' rulings that the automatic stay was not violated when the debtor's mortgage servicer went forward with a foreclosure sale after the debtor filed his...
The U.S. Court of Appeals for the Tenth Circuit upheld a debtor/defendant's conviction for making a false bankruptcy declaration in violation of 18 U.S.C. § 152(3) despite the absence of a...
The Fourth Circuit affirmed summary judgment for mortgage servicers, holding that monthly statements, payoff statements, and 1098 tax forms sent to a debtor during a Chapter 13 bankruptcy were...
Judge(s):
Judge Thacker wrote the opinion, in which Judge King and Judge Wynn joined.
Over a dissent, the Fourth Circuit held that a creditor cannot compel arbitration of a debtor's claim for violation of the automatic stay under § 362(k), even under a valid arbitration agreement....
Judge(s):
Judge Niemeyer wrote the opinion, in which Judge Harris joined. Judge King wrote a dissenting opinion.
The United States Court of Appeals for the Ninth Circuit affirmed the bankruptcy court's summary judgment in favor of Ammec Investments II, Inc., voiding several property transfers orchestrated by...
