The district court granted a motion by Dow Corning Corp. (Dow) to terminate certain funding obligations of Dow under the confirmed bankruptcy plan which established a trust to pay silicone-get...
In dueling appeals arising from the same case, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the grant by the district court of the motion for summary judgment, based on the...
Judge(s):
Jennifer Walker Elrod; Edith Brown Clement; and Irma Carrillo Ramirez
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
In a decision that hinged on whether a transfer of part of a lessee's interest in real property was a sublease or an assignment under Louisiana law, the court affirmed the bankruptcy court's...
In yet another example of the truth of the adage that "the man who is his own lawyer has a fool for his client," the Court of Appeals affirmed the defendant's convictions for bankruptcy and mail...
The Court of Appeals found that the facts supported the bankruptcy court's finding that a debt was nondischargeable due to the debtor's failure to disclose material facts before entering into an...
Judge(s):
SANCHEZ and H.A. THOMAS, Circuit Judges, and DONATO, District Judge, sitting by designation
Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
With no clear error in the bankruptcy court’s findings, nor abuse of discretion, it was well within the court’s authority to grant the motion for retroactive annulment of the automatic stay,...
Judge(s):
Judge Priscilla Richman; Judge Jerry Willett; and Judge Dana M. Douglas; Per Curiam:
Pro Se Debtor's appeal challenging bankruptcy court's decision granting landlord/creditor relief from the automatic stay to continue an ejectment was dismissed as moot because during the pendency...
