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 issue of when a one-year discovery extension to the Uniform Fraudulent Transfer Act's four-year statute of limitations begins to run is an issue of law if the facts that could have put the...
The Fourth Circuit held that a multiemployer pension plan's filing of a "contingent" proof of claim for withdrawal liability in a contributing employer's bankruptcy did not constitute a "notice and...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
In a dispute between two secured creditors over which has priority in the proceeds of encumbered accounts, courts must look to any intercreditor or similar agreements between the secured creditors...
On rehearing, the Circuit Court affirmed its prior decision affirming the District Court's denial of a title company and its employee, ("FA Defendants"), motion to compel arbitration of an action...
In this non-precedential ruling the Third Circuit affirmed the judgment of the District Court affirming the decision of the Bankruptcy Court disallowing Appellant's Proof of Claim seeking actual...
The U.S. Court of Appeals for the Ninth Circuit affirmed the sentence imposed by the U.S. District Court for the Central District of California (DC) on Douglas Eligha Taylor (DET) upon the...
Judge(s):
Sandra S. Ikuta; Ryan D. Nelson; and Kenneth K. Lee
The United States Court of Appeals for the Second Circuit affirmed the judgment of the District Court. The Court upheld the Receiver's motion, which included: (1) permanently enjoining the...
Section 363(m) of the Bankruptcy Code precludes judicial review of “nonconsensual third-party releases” authorized under the confirmed plan, as the insurance policy buyback was integral to the...
