In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s November 15, 2016 judgment, finding that five of the appellant’s arguments were meritless for the same...
Judge(s):
The Honorable José A. Cabranes; The Honorable Debra A. Livingston; and The Honorable Richard W. Goldberg of the United States Court of International Trade, sitting by designation.
The appeal was dismissed as moot because the appellants failed to appeal the bankruptcy court's order confirming a Chapter 11 plan. The plan incorporated a Settlement Agreement that extinguished...
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Sixth Circuit holds that an action taken in violation of an automatic stay may be validated in either of two ways: (i) by the bankruptcy court annulling the stay which permits the order to operate...
Judge(s):
Guy, Clay and White, Circuit Judges (opinion by White with dissent by Clay)
Sixth Circuit affirmed the Bankruptcy Appellate Panel's decision upholding the Bankruptcy Court's granting of a motion for summary judgment in a non-dischargeability case finding that a state trial...
Judge(s):
Cole, Chief Judge, Rogers and Griffin, Circuit Judges. ,
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
The district court’s refusal to allow the defendant’s theory-of-defense jury instruction did not deny him a fair trial where the proposed instruction restated the court’s charge to the jury...
