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Summaries by Bradley Pearce
- Ruling:
- Reversing the lower courts, the United States Court of Appeals for the Ninth Circuit ruled that a Chapter 13 debtor who had made voluntary contributions to an employer-sponsored retirement plan...
- Judge(s):
- Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges
- Tag(s):
-
- Citation:
- 24-10287 (5th Circuit, Nov 05,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The appellants failed to meet their burden of showing that recusal of the bankruptcy judge was proper. Judicial recusal is proper only in exceptional circumstances, such as where the judge...
- Judge(s):
- Wiener, Willett, and Duncan, Circuit Judges
- Tag(s):
-
- Citation:
- 22-11356 (11th Circuit, Nov 05,2024) Published
- Case Status:
- Affirmed
- Ruling:
- When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...
- Judge(s):
- ROSENBAUM, ABUDU, and TJOFLAT, Circuit Judges
- Tag(s):
-
- Citation:
- 24-6002 (8th Circuit, Oct 25,2024) Published
- Case Status:
- Dismissed
- Ruling:
- A debtor's appeal from an order granting a creditor relief from the automatic stay becomes moot if circumstances change so that the court cannot grant any effective relief. Thus, (i) the debtor's...
- Judge(s):
- HASTINGS, Chief Judge, SURRATT-STATES, AND CONSTANTINE, Bankruptcy Judges
- Tag(s):
-
- Ruling:
- While a Chapter 7 trustee or creditor seeking to deny a debtor a discharge under 11 U.S.C. § 727(a)(2)(B) must adduce evidence that the debtor acted with the specific intent to frustrate the...
- Judge(s):
- SILER, GRIFFIN, and MATHIS, Circuit Judges
- Tag(s):
-
- Citation:
- 21-2543-bk (2nd Circuit, Sep 19,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...
- Judge(s):
- SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges
- Tag(s):
-
- Citation:
- 22-15109 and 22-16341 (9th Circuit, Sep 16,2024) Published
- Case Status:
- Affirmed
- Ruling:
- An order reversing a bankruptcy court's decision to deny recognition of a foreign insolvency proceeding does not trigger the automatic stay of 11 U.S.C. § 1120 nunc pro tunc to the date of the...
- Judge(s):
- Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges [*United States Court of Appeals for the Seventh Circuit, sitting by designation]
- Tag(s):
-
- Ruling:
- Regardless of how they are defined or computed under the applicable contracts, make-whole fees are interest and subject to disallowance under 11 U.S.C. § 502(b)(2). However, a debtor cannot...
- Judge(s):
- KRAUSE, PORTER, and AMBRO, Circuit Judges
- Tag(s):
-
- Citation:
- 23-60005 (9th Circuit, Sep 09,2024) Published
- Case Status:
- Affirmed
- Ruling:
- The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
- Judge(s):
- Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
- Tag(s):
-
- Ruling:
- Avoidance under 11 U.S.C. § 724(a) of the portion of a tax lien for penalties does not alter the priority of the amount of the tax authority's unavoided lien claim against the proceeds of the...
- Judge(s):
- Susan P. Graber, Roopali H. Desai, and Ana de Alba, Circuit Judges
- Tag(s):
-
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