The U.S. Circuit Court for the Ninth Circuit affirmed a bankruptcy court's rulings (a) dismissing a debtor's chapter 13 petition for bad faith under the circuit's "totality of the circumstances"...
Judge(s):
FLETCHER and JOHNSTONE, Circuit Judges, and RAKOFF, District Judge
The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
Judge(s):
SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
A bankruptcy court imposed sanctions due to litigation conduct that was in bad faith, vexatious, and harassing. Specifically, the court dismissed an adversary proceeding brought by the plaintiff,...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
In affirming the bankruptcy court's grant of summary judgment in favor of defendants, the Eleventh Circuit held that plaintiff was sufficiently on notice of defendants' defenses and was not...
The U.S. Court of Appeals for the Third Circuit held a district court didn't abuse its discretion in dismissing the appellant's employment discrimination cases, without prejudice, based on judicial...
In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court finding in favor of the chapter 7 trustee avoiding a...
Judge(s):
CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...
