The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
Debtor’s receipt of a turnover order and her failure to comply with its express terms serve as grounds for the bankruptcy court to hold her in contempt and sanction her. Appellants must directly...
The Fourth Circuit affirmed the district court's order to uphold the modification of the automatic stay, and dismissed the portion of the order where the bankruptcy court decided to abstain and...
A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court's order finding a bank account held by the chapter 7 debtor and his non-debtor spouse was exempt property. In Florida,...
The district court erred by granting the defendants’ summary judgment motion for the Real Estate Settlement Procedures Acts claim because the plaintiff attached the required Qualified Written...
Appellant forfeited his challenge to the bankruptcy court’s alternate rationale for its decision by not briefing it. The circuit court can affirm the judgment based on the alternate rationale....
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing an amended complaint, sua sponte, based on judicial estoppel as the plaintiff/appellant did not disclose...
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
