The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
Seeing no error and thus no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed orders, issued by the U.S. Bankruptcy Court for the Western District of Washington...
Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...
Judge(s):
Croom, Dales (dissenting) and Stout (opinion author)
The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
