A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
A consent order allowing a creditor to file an amended proof of claim and setting a deadline for the debtors to object to the amended claim is res judicata as to counterclaims later raised by the...
11 U.S.C. § 1327(a), as applied in the Seventh Circuit under Holstein v. Brill, 987 F.2d 1268 (7th Cir. 1993), and In re Chappell, 984 F.2d 775, 782 (7th Cir. 1993), does not bar creditors from...
The bankruptcy court abused its discretion by refusing to allow a claim to be amended after the claims bar date where the debtor failed to show that allowing the amendment would cause undue...
A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
The attorney for a debtor, and the debtor's former management, do not have standing to appeal an order converting a Chapter 11 to a Chapter 7 case. In re C.W. Mining Co., 636 F.3d 1257 (10th Cir....
