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...
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...
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...
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
Rejecting the holding of a non-precedential summary order, the Second Circuit clarified that parties may be added to an action -- without leave of the court and without reference to Fed. R. Civ. P....
Judge(s):
CALABRESI, NATHAN, Circuit Judges, AND NAGALA, District Judge
Res judicata does not bind the non-bankrupt corporate parent of a debtor that commences an adversary proceeding and then stipulates to its dismissal of the debtor's claim because the bankruptcy...
If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...
A creditor, including a federal agency (here, the Social Security Administration), may recoup amounts overpaid to a debtor after the debtor has received a bankruptcy discharge if the agency's claim...
A chapter 7 trustee who is their own attorney has the burden of showing why work performed is legal in nature, rather than work typically performed by a chapter 7 trustee, when applying for...
Following the Supreme Court's decision in Bartenwerfer v. Buckley, 589 U.S. 69 (2023), and Texas law establishing a person's liability for another's misrepresentations, an arbitrator's findings of...
