A bankruptcy court needs only to "canvass the issues and see whether the settlement falls below the lowest point in the range of reasonableness" when deciding whether to approve a settlement, not...
Judge(s):
EID and MURPHY, Circuit Judges, and TEETER, District Judge
A debtor with a claim against a creditor may not be deprived of the opportunity to litigate the claim merely because the debtor initiated its litigation in bankruptcy court and subsequently...
Judge(s):
Barron, Chief Judge, Thompson and Gelpí, Circuit Judges
A bankruptcy court can refuse to grant a debtor a discharge if the debtor cannot explain the loss or deficiency of assets that could have been used to meet the debtor's liabilities. 11 U.S.C. §...
A claim against a debtor's bankruptcy estate that is based on an alleged oral promise by the debtor or its authorized officer to pay the debt of another must be supported by evidence sufficient to...
Judge(s):
ST. EVE, KIRSCH, and JACKSON-AKIWUMI, Circuit Judges
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 Court of Appeals for the Sixth Circuit formally adopted the test for whether a bankruptcy court should approve a settlement found in the unpublished opinion Bard v. Sicherman (In re Bard), 49...
The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
A section 341 first meeting of creditors does not automatically conclude if the trustee fails to comply with the requirements of Fed. R. Bankr. P. 2003(e), so that the 30-day window under Fed. R....
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...
