The Fifth Circuit affirmed the district court’s grant of summary judgment on grounds of judicial estoppel, as well as the denial of Keathley’s motion for reconsideration. The court found no...
The 4th Circuit affirmed the bankruptcy court's determination that the debtor's sale of her residence without prior approval of the bankruptcy court violated the terms of the Local Rule, but it...
Judge(s):
Chief Judge Albert Diaz; Circuit Judge George Steven Agee; Circuit Judge Paul Victor Niemeyer
With no clear error in the bankruptcy court’s findings, nor abuse of discretion, it was well within the court’s authority to grant the motion for retroactive annulment of the automatic stay,...
Judge(s):
Judge Priscilla Richman; Judge Jerry Willett; and Judge Dana M. Douglas; Per Curiam:
Pro Se Debtor's appeal challenging bankruptcy court's decision granting landlord/creditor relief from the automatic stay to continue an ejectment was dismissed as moot because during the pendency...
The Fifth Circuit affirmed the district court’s decision affirming the bankruptcy court’s ruling holding Benson and Pam Wyly in civil contempt for violating Johnnie Eichor’s chapter 7...
Appellant's suit against the United States Postal Service, under Rehabilitation Act, 29 U.S.C. § 794, was properly dismissed by the district court where she had failed to disclose her claim as an...
The Third Circuit affirmed the decision of the district court affirming the decision of the bankruptcy court below that the debt owed to a creditor based on a pre-petition written promise to repay...
Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
Judge(s):
Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
The planned auction of the debtor's milk quota by the Puerto Rico agency that regulates milk production (ORIL) falls squarely within the "police power" exception to the automatic stay under 11...
Judge(s):
U.S. Circuit Judges David F. Hamilton, Julie Rikelman and O. Rogeriee Thompson (Opinion by Hamilton)
Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges