Once a final judgment was entered by default against a partnership, with its former general partners' knowledge, they were not entitled to have that judgment set aside after prevailing on a related...
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Judicial estoppel applies if a party’s position is clearly inconsistent with its former position; the party succeeded in persuading a court to accept that party’s position, so that judicial...
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
The Fifth Circuit affirmed the bankruptcy court's denial of his motion to reopen his Chapter 7 bankruptcy so that he could file a Rule 60(b)(4) motion to vacate a previously uncontested lift stay...
Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
The Second Circuit reversed the decisions of the District Court and Bankruptcy Court imposing sanctions on a debtor's attorney for a repeat chapter 11 filing on the eve of a foreclosure sale and in...
In short, Appellants' claims do not fit into the narrow
category of matters that "have no existence outside of the
bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d
at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
