The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's order reducing a debtor's homestead exemption to $0 under 11 U.S.C. § 522(o). The bankruptcy court did not clearly err...
The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
Ninth Circuit Court of Appeals dismissed the case for lack of jurisdiction under 28 U.S.C. §§ 1291, 1292, and 158(d)(1) finding that the order was not final because it did not "end the litigation...
The Debtor's former business partner had standing to seek a nondischargeable judgment against the Debtor arising from her embezzlement of funds from the LLC that they co-owned. The Court explicitly...
The issue of when a one-year discovery extension to the Uniform Fraudulent Transfer Act's four-year statute of limitations begins to run is an issue of law if the facts that could have put the...
The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's summary judgment decision dismissing a bankruptcy debtor's counterclaims and third party claims in a non-adversary...
Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
The U.S. Court of Appeals for the Fourth Circuit denied a chapter 7 debtor's emergency petitions for writs of mandamus. The debtor had asked the circuit "to reassign his ongoing bankruptcy...
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy judge's order approving a settlement between a chapter 7 trustee and the debtor's landlord under F.R.B.P. 9019. The settlement...
