The bankruptcy court properly granted the defendants' motion to dismiss a complaint under Rule 12(b)(6) because the debtor/plaintiff had participated with the defendants in the illegal conduct that...
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...
Finding that the district court had jurisdiction and that abstention was not required, the Court entered a take-nothing judgment on an investment bank's breach of warranty claims against the...
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
"With no opinion on how this [Rule 11 sanctions] issue should come out on remand, we reverse and remand this issue to the district court for a 'brief statement of reasons' justifying its denial of...
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
The Fourth Circuit determined that the provisions of the deed of trust cited to by the Debtor do not create " ' separate or additional security interest[s]. nut [are] merely [] provision[s] to...
Judge(s):
U.S. Disitrict Judge Gerald Bruce Lee, sitting by designation, and Circuit Judges Thacker and Harris
Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's...
Affirmed judgment against debtors denying discharge under Section 727(a)(3) for failure of debtors to preserve records as to their financial condition. Creditor had standing to object to discharge...
