The Third Circuit Court of Appeals ruled that Debtor established that Creditor had committed civil contempt when it initiated collection efforts against one of his properties after receiving a...
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...
A debtor with a claim against a creditor may not be deprived of the opportunity to litigate the claim merely because the debtor initiated its litigation in bankruptcy court and subsequently...
Judge(s):
Barron, Chief Judge, Thompson and Gelpí, Circuit Judges
A bankruptcy court can refuse to grant a debtor a discharge if the debtor cannot explain the loss or deficiency of assets that could have been used to meet the debtor's liabilities. 11 U.S.C. §...
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...
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...
A bankruptcy court's holdings in a dischargeability adversary proceeding between a creditor and the debtor are not binding on the debtor's chapter 7 trustee unless the trustee is made a party to...
Judge(s):
REENA RAGGI, GERARD E. LYNCH, MICHAEL H. PARK, Circuit Judges.
In addition to providing an excellent summary of the legal standards for dischargeability and discharge under 11 U.S.C. §§ 523 and 727, the Court of Appeals reversed the bankruptcy court's...
The circuit court affirmed the district court’s decision, affirming the bankruptcy court’s denial of Debtor’s motion to reopen his bankruptcy case. Debtor’s opening brief did not challenge...
