In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...
A party's judicial estoppel claim cannot create a previously unrecognized exception to the long-standing jurisdictional rule that generally appellate courts have authority to rule only on final...
The Fourth Circuit held that "property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the...
Judge(s):
Circuit Judge Toby J. Heytens, Circuit Judge DeAndrea Gist Benjamin, and Elizabeth W. Hanes, United States District Judge for the Eastern District of Virginia, sitting by designation.
The U.S. Court of Appeals for the Ninth Circuit held (1) it lacked jurisdiction to review a bankruptcy court's decision to permissively abstain; (2) the appellant waived any due process argument...
The U.S. Court of Appeals for the Federal Circuit affirmed an order dismissing a civil lawsuit filed pro se by the Plaintiff/Appellant against the federal government in the U.S. Court of Federal...
While agreeing that a strict application of 11 U.S.C. § 109(a) would prohibit an individual who does live in the United States from being a debtor in a Chapter 15 proceeding, the Eleventh Circuit...
As had the immediately lower court, the U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the U.S, Bankruptcy Court for the Middle District of Florida (BC) not to...
Judge(s):
Robin S. Rosenbaum; Jill A. Pryor; and Britt Grant
Defendants forfeited their right to challenge the authority of a bankruptcy judge who was transferred to sit in the Bankruptcy Division of the United States District Court for the Virgin Islands by...
The Ninth Circuit Court of Appeals affirmed the bankruptcy court's decision awarding fees to the chapter 13 debtor's attorney and modifying the chapter 13 plan to pay the fees, over the objection...
Judge(s):
CLIFTON and SANCHEZ, Circuit Judges, and KORMAN,** District Judge
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...
Judge(s):
William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus