The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court, held a bankruptcy court correctly rejected a request to bar a debtor's discharge for making a knowing and fraudulent...
The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Avoidance under 11 U.S.C. § 724(a) of the portion of a tax lien for penalties does not alter the priority of the amount of the tax authority's unavoided lien claim against the proceeds of the...
Judge(s):
Susan P. Graber, Roopali H. Desai, and Ana de Alba, Circuit Judges
The U.S. Court of Appeals for the Third Circuit held a district court didn't abuse its discretion in dismissing the appellant's employment discrimination cases, without prejudice, based on judicial...
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
The Fourth Circuit held that local Chapter 13 form plans cannot "abridge, modify, or enlarge" a debtor's substantive rights under the Bankruptcy Code. In particular, they cannot require property...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge James Harvie Wilkinson III; and Senior Circuit Judge Diana Gribbon Motz
Dismissal of an involuntary bankruptcy petition under the abstention statute, 11 U.S.C. § 305(a), does not deprive the debtor of its rights to seek fees and damages under 11 U.S.C. § 303(i), and...
For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...
Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...
