The U.S. Court of Appeals for the Fifth Circuit, among other rulings, held a magistrate judge (a) erred in granting a motion to dismiss a duty to indemnify claim, explaining that a claimant's...
The circuit court affirmed the bankruptcy court’s decision to reopen Debtor’s bankruptcy case and to hold that Creditor could not recover against Appellant for environmental claims, reversing...
On remand, the Fourth Circuit affirmed the bankruptcy court’s and district court’s approval of the debtors’ chapter 11 reorganization plan. The Fourth Circuit found that the plan was...
The Fourth Circuit affirmed the district court's dismissal of the adversary proceeding against the Insurer for lack of standing. The Fourth Circuit held that: (1) the Geostellar Trustee lacked...
Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...
Judge(s):
John M. Walker Jr.; William J. Nardini; and Denny Chin
The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...
United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...
Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
