Lightsway Litigation Services erred under New Jersey’s issue preclusion laws. Under New Jersey law, precluded issues must be identical to previously decided issues; issues are not identical if a...
The circuit court found that the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations are valid exercises of its power under the American Rescue Plan Act of 2021. The PBGC’s...
The circuit court affirmed the district court’s decision affirming the bankruptcy court’s denial of Appellant’s motion to compel turnover of Debtor’s federal income tax refund....
The circuit court affirmed the district court’s decision to dismiss Plaintiffs’ appeal of a bankruptcy court order that approved a settlement between Debtor and Creditor. The appellate courts...
The United States Court of Federal Claims determined it had subject matter jurisdiction over their action but nevertheless dismissed it for failure to state a claim upon which relief could be...
The U.S. Court of Appeals for the 9th Circuit affirmed the Bankruptcy Appellate Panel’s (BAP) reversal of the bankruptcy court's decision finding that Creditor’s claims were nondischargeable....
A bankruptcy court cannot award an involuntary debtor relief under 11 U.S.C. § 303(i) against a State merely because it was a petitioning creditor. First, a State does not waive its Eleventh...
Judge(s):
Rawlinson, Melloy (8th Circuit, sitting by designation), and Thomas
This decision has no precedential value. The BAP affirmed the Bankruptcy court's holding that the Debtor could not claim the California automatic homestead exemption on property she did not...
The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.
The difference in Chapter 11 quarterly fees collected in UST versus Bankruptcy Administrator (BA) districts following the Bankruptcy Judgeship Act of 2017 did not violate the uniformity requirement...
