The Bankruptcy Appellate Panel of the Sixth Circuit affirmed in part, vacated in part, and remanded the case to the bankruptcy court for further proceedings. Specifically, the Panel affirmed the...
The U.S. Court of Appeals for the Sixth Circuit held it had jurisdiction to review a bankruptcy court's denial of a chapter 13 debtor's Civil Rule 60(b) motion and affirmed, concluding his failure...
Optimism does not provide a basis for asserting securities fraud allegations. Puffery does not constitute a material misstatement. Accurate statements of historical facts are not actionable. Mere...
The U.S. Court of Appeals for the Sixth Circuit affirmed a bankruptcy court's summary judgment dismissal of a successor chapter 7 trustee's claims against the original trustee and the debtor's...
The Court of Appeals for the Sixth Circuit formally adopted the test for whether a bankruptcy court should approve a settlement found in the unpublished opinion Bard v. Sicherman (In re Bard), 49...
Federal courts can award attorney’s fees for state-court proceedings that the law requires to advance federal claims. Caselaw has established a “separate-but-related proceeding” exception to...
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
Appellant forfeited his challenge to the bankruptcy court’s alternate rationale for its decision by not briefing it. The circuit court can affirm the judgment based on the alternate rationale....
The U.S. Court of Appeals for the Sixth Circuit held a bankruptcy court erred in excluding a key witness's deposition testimony at trial. The witness, who was scheduled to testify over multiple...
The circuit court held that courts must follow a two-step analysis to determine which presumption of reliance, the Affiliated Ute presumption or the Basic presumption, is applicable in...
