10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
In a "no asset" chapter 7 case, a filed proof of claim is not res judicata in other litigation, despite the "deemed allowed" language in 11 USC 502(a). "The Bankruptcy Rules plainly contemplate...
Affirming the district court's order, which affirmed the bankruptcy court's orders, dismissing Appellant's adversary proceeding and holding that (a) Appellant lacked standing to bring lawsuit on...
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
In a non-bankruptcy matter, 7th Circuit (J. Posner writing) reversed district court's (N.D. Illinois, E.D.) entry of summary judgment and directed entry summary judgment in favor of appellant....
