(1) Standard for review of district court's invocation of judicial estoppel doctrine is abuse of discretion. (2) District court abused discretion in dismissing personal injury case on the basis of...
Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
The Fourth Circuit ultimately found that the Bankruptcy Court did not abuse it's discretion. The Bankruptcy Court concluded that the Debtor's decision to file for bankruptcy did not rise to the...
Judge(s):
Judge Wilkinson wrote the opinion, in which Chief Judge Gregory and Judge Harris joined
The bankruptcy court fulfilled its obligations under the Fifth Circuit's remand. The bankruptcy court adequately explained how it arrived at the damages awarded against the debtor-appellant, and...
The debtor's obligation to pay his children’s college expenses qualified as a “domestic support obligation.” In making this determination, the bankruptcy court properly looked to 1) the...
