In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s November 15, 2016 judgment, finding that five of the appellant’s arguments were meritless for the same...
Judge(s):
The Honorable José A. Cabranes; The Honorable Debra A. Livingston; and The Honorable Richard W. Goldberg of the United States Court of International Trade, sitting by designation.
On an issue of first impression, the Eleventh Circuit concluded that section 362(k) of the Bankruptcy Code authorizes the payment of attorney's fees and costs incurred by debtors in stopping a...
Judge(s):
Ed Carnes, Chief Judge, and Black, Circuit Judge, and May, District Judge
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
In this case lies a warning to all attorneys -- the bankruptcy court did not abuse its discretion in denying the debtor's motion to extend the time for her to file an appeal. The debtor's...
The Court of Appeals affirms the bankruptcy court's determination to deny Debtor a chapter 7 discharge on grounds that she made material knowing, and fraudulent false oaths in the course of her...
The district court’s refusal to allow the defendant’s theory-of-defense jury instruction did not deny him a fair trial where the proposed instruction restated the court’s charge to the jury...
An individual's failure to keep records relating to alleged gambling debts and payments, the sale of her 2013 Lexus, and "millions in unexplained deposits and withdrawals into and out of [her] bank...
