The Bankruptcy Court did not err in using the $2.05 million settlement amount to value the claim. Because the Aurora Claim was only $2.05 million, Allonhill was solvent on the transfer dates....
The district court’s order refusing to stay the sale is not final, as it did not end any bankruptcy proceedings, and it is not immediately appealable because it does not implicate a substantial...
The Fifth Circuit affirmed the district court and bankruptcy court. The bankruptcy court had jurisdiction to decide the state-law issues underlying the administrative expense claim. The...
The U.S. Court of Appeals for the Ninth Circuit affirmed a Bankruptcy Appellate Panel decision upholding the bankruptcy court's denial of the appellant/plaintiff/creditor's motion for relief from a...
The Fifth Circuit reversed both judgments of the bankruptcy and district courts. The Fifth Circuit held that the 2008 MOU requires tax assessors to consider economic obsolescence and inutility...
Joining the Second and Third Circuits, the Ninth Circuit held that if an individual files a voluntary chapter 11 bankruptcy petition purportedly on behalf of an entity but lacks the requisite...
Judge(s):
John B. Owens, Lawrence VanDyke, and Holly A. Thomas
A claim against a debtor's bankruptcy estate that is based on an alleged oral promise by the debtor or its authorized officer to pay the debt of another must be supported by evidence sufficient to...
Judge(s):
ST. EVE, KIRSCH, and JACKSON-AKIWUMI, Circuit Judges
The U.S. Court of Appeals for the Fifth Circuit held that bankruptcy professionals are entitled to derivative judicial immunity when they act pursuant to and in accordance with a bankruptcy court's...
In a split decision, a panel of the United States Court of Appeals found that the Chapter 11 bankruptcy of a solvent entity created by the "Texas Two Step" was not a per se bad faith filing and...
The Debtor's former business partner had standing to seek a nondischargeable judgment against the Debtor arising from her embezzlement of funds from the LLC that they co-owned. The Court explicitly...
