The Fifth Circuit affirmed the lower courts' rulings that the automatic stay was not violated when the debtor's mortgage servicer went forward with a foreclosure sale after the debtor filed his...
A Fifth Circuit majority upheld an order stating a Chapter 7 Trustee could not include surplus funds paid to a debtor's equity security holder in calculating a commission under 11 U.S.C. § 326(a)....
The U.S. Court of Appeals for the Tenth Circuit upheld a debtor/defendant's conviction for making a false bankruptcy declaration in violation of 18 U.S.C. § 152(3) despite the absence of a...
The United States Court of Appeals for the Ninth Circuit affirmed the bankruptcy court's summary judgment in favor of Ammec Investments II, Inc., voiding several property transfers orchestrated by...
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed in part, vacated in part, and remanded the case to the bankruptcy court for further proceedings. Specifically, the Panel affirmed the...
The U.S. Court of Appeals for the Seventh Circuit affirmed the appellant/individual debtor's convictions and sentence for bankruptcy fraud and criminal contempt (for violating a preliminary...
The Bankruptcy Court did not err in using the $2.05 million settlement amount to value the claim. Because the Aurora Claim was only $2.05 million, Allonhill was solvent on the transfer dates....
The district court’s order refusing to stay the sale is not final, as it did not end any bankruptcy proceedings, and it is not immediately appealable because it does not implicate a substantial...
The U.S. Court of Appeals for the Ninth Circuit affirmed a Bankruptcy Appellate Panel decision upholding the bankruptcy court's denial of the appellant/plaintiff/creditor's motion for relief from a...
The Fifth Circuit reversed both judgments of the bankruptcy and district courts. The Fifth Circuit held that the 2008 MOU requires tax assessors to consider economic obsolescence and inutility...