The U.S. Court of Appeals for the Fifth Circuit held that, under 28 U.S.C. § 1334(d), it lacked jurisdiction to review the district court's decision to abstain from ruling on Plaintiff/Appellant's...
A performing artist's right to terminate an assignment of a copyright under Section 203(a) of the Copyright Act (17 U.S.C. § 203(a)), even though the right is inalienable by agreement, is property...
Relying on the harmless error standard in Rule 9005, the court bypassed the issue of whether a bankruptcy court may order the substantive consolidation of two or more entities without the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and BRASHER and ABUDU, Circuit Judges
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 Ninth Circuit Court of Appeals affirmed the District Court's denial of a creditor's interlocutory appeal of the bankruptcy court's order denying arbitration, though on different grounds than...
The U.S. Court of Appeals for the Eleventh Circuit held that while contingent indemnification claims by co-liable creditors are disallowed under 11 U.S.C. § 502(e)(1)(B), claims for accrued...
A bankruptcy court needs only to "canvass the issues and see whether the settlement falls below the lowest point in the range of reasonableness" when deciding whether to approve a settlement, not...
Judge(s):
EID and MURPHY, Circuit Judges, and TEETER, District Judge
The Fourth Circuit affirmed summary judgment for mortgage servicers, holding that monthly statements, payoff statements, and 1098 tax forms sent to a debtor during a Chapter 13 bankruptcy were...
Judge(s):
Judge Thacker wrote the opinion, in which Judge King and Judge Wynn joined.
Over a dissent, the Fourth Circuit held that a creditor cannot compel arbitration of a debtor's claim for violation of the automatic stay under § 362(k), even under a valid arbitration agreement....
Judge(s):
Judge Niemeyer wrote the opinion, in which Judge Harris joined. Judge King wrote a dissenting opinion.
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...
