In a warning to creditors, the court held that service of a summons and complaint on a debt collector was valid service on the creditor that had placed the debt for collection because (1) the...
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing with prejudice a pro se civil complaint against a bankruptcy judge for damages and injunctive relief...
In this Summary Order, the Second Circuit affirmed as "moot" the District Court's dismissal of an appeal by a landlord contesting the failure of the bankruptcy court to rule on its stay relief...
Judge(s):
For the Court Catherine O’Hagan Wolfe, Clerk of Court
A bankruptcy court's holdings in a dischargeability adversary proceeding between a creditor and the debtor are not binding on the debtor's chapter 7 trustee unless the trustee is made a party to...
Judge(s):
REENA RAGGI, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
The circuit court affirmed the district court’s finding that Creditor’s appeal was equitably moot. Creditor did not move to stay the bankruptcy court’s confirmation order; relief would be...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., and Michael H. Park
The U.S. Court of Appeals for the Second Circuit held a district court erred in granting a summary judgment to a plaintiff and affording preclusive effect to the plaintiff's unchallenged proof of...
The circuit court reversed part of the district court’s affirmation of the bankruptcy court’s judgment and affirmed the rest. The forum-selection clause in Debtors’ and Defendants’ contract...
The United States Court of Appeals for the Second Circuit affirmed the judgment of the District Court. The Court upheld the Receiver's motion, which included: (1) permanently enjoining the...
The U.S. Court of Appeals for the Second Circuit upheld a bankruptcy court's summary judgment ruling against a debtor, denying him a discharge pursuant to 11 U.S.C. §727(a)(3). The bankruptcy...