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Summaries by Bradley Pearce
- Citation:
- 23-1052 (10th Circuit, Aug 02,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Section 1334(d) of title 28 of the United States Code establishes that a Circuit Court of Appeals does not have jurisdiction to review a bankruptcy court's permissive abstention from hearing a...
- Judge(s):
- MATHESON, EID, and CARSON, Circuit Judges
- Tag(s):
-
- Citation:
- 23-2971 and 23-2972 (3rd Circuit, Jul 25,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- A debtor is ineligible for bankruptcy in the Third Circuit if it cannot show that it is in financial distress. A debtor's mere forecast of blockbuster verdicts against it, or the "attenuated"...
- Judge(s):
- RESTREPO, FREEMAN, and AMBRO, Circuit Judges
- Tag(s):
-
- Ruling:
- The Fifth Circuit certified to the Mississippi Supreme Court the narrow issue of whether the Mississippi champerty statute (Miss. Code Ann. § 97-9-11) voids the assignment of a cause of action...
- Judge(s):
- Smith, Wiener, and Douglas, Circuit Judges
- Tag(s):
-
- Citation:
- 23-1747 (1st Circuit, Jul 17,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
- Judge(s):
- Montecalvo, Lipez, and Rikelman, Circuit Judges
- Tag(s):
-
- Citation:
- 22-3418 (3rd Circuit, May 22,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...
- Judge(s):
- JORDAN, BIBAS, and PORTER
- Tag(s):
-
- Citation:
- 21-13887 (11th Circuit, May 23,2024) Published
- Case Status:
- Affirmed
- Ruling:
- In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...
- Judge(s):
- WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges
- Tag(s):
-
- Citation:
- 22-30539 (5th Circuit, May 13,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Members of the Official Committee of Unsecured Creditors who were removed from the Committee by the bankruptcy court did not have standing to appeal the bankruptcy court's order that removed them...
- Judge(s):
- King, Jones, and Oldham
- Tag(s):
-
- Citation:
- 22-11024 (11th Circuit, Apr 03,2024) Published
- Case Status:
- Affirmed
- Ruling:
- While agreeing that a strict application of 11 U.S.C. § 109(a) would prohibit an individual who does live in the United States from being a debtor in a Chapter 15 proceeding, the Eleventh Circuit...
- Judge(s):
- LUCK, LAGOA, and TJOFLAT, Circuit Judges
- Tag(s):
-
- Citation:
- 22-3456 (3rd Circuit, Mar 22,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- Defendants forfeited their right to challenge the authority of a bankruptcy judge who was transferred to sit in the Bankruptcy Division of the United States District Court for the Virgin Islands by...
- Judge(s):
- HARDIMAN, KRAUSE, RENDELL, Circuit Judges
- Tag(s):
-
- Citation:
- 23-60017 (9th Circuit, Mar 08,2024) Published
- Case Status:
- Affirmed
- Ruling:
- Due to the lack of due process resulting from the debtors' failure to include a proper mailing address for a debt, no part of the creditor's claim was discharged under 11 U.S.C. § 727.
- Judge(s):
- Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges
- Tag(s):
-
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