A party, including a creditor objecting to confirmation of a Chapter 11 plan, does not have standing to appeal a bankruptcy court's order unless the party would materially benefit from the relief...
A performing artist's right to terminate an assignment of a copyright under Section 203(a) of the Copyright Act (17 U.S.C. § 203(a)), even though the right is inalienable by agreement, is property...
Relying on the harmless error standard in Rule 9005, the court bypassed the issue of whether a bankruptcy court may order the substantive consolidation of two or more entities without the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and BRASHER and ABUDU, Circuit Judges
In a warning to creditors, the court held that service of a summons and complaint on a debt collector was valid service on the creditor that had placed the debt for collection because (1) the...
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...
