The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's order reducing a debtor's homestead exemption to $0 under 11 U.S.C. § 522(o). The bankruptcy court did not clearly err...
The Fifth Circuit certifies a question of state law to the Texas Supreme Court: Is an LLC membership interest exempt property in a federal bankruptcy proceeding, based on section 101.112 of 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...
Ninth Circuit Court of Appeals dismissed the case for lack of jurisdiction under 28 U.S.C. §§ 1291, 1292, and 158(d)(1) finding that the order was not final because it did not "end the litigation...
Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
The U.S. Court of Appeals for the Fourth Circuit denied a chapter 7 debtor's emergency petitions for writs of mandamus. The debtor had asked the circuit "to reassign his ongoing bankruptcy...
Over a dissent, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal from an order approving a Chapter 7 Trustee's free-and-clear sale of a debtor's half-interest in real...
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
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...
