The Fifth Circuit affirmed the lower courts' rulings that the automatic stay was not violated when the debtor's mortgage servicer went forward with a foreclosure sale after the debtor filed his...
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 United States Court of Appeals for the Ninth Circuit affirmed the bankruptcy court's summary judgment in favor of Ammec Investments II, Inc., voiding several property transfers orchestrated by...
The Bankruptcy Appellate Panel of the Sixth Circuit affirmed in part, vacated in part, and remanded the case to the bankruptcy court for further proceedings. Specifically, the Panel affirmed the...
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 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...
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...
Debtor’s receipt of a turnover order and her failure to comply with its express terms serve as grounds for the bankruptcy court to hold her in contempt and sanction her. Appellants must directly...
