Questions of whether an entity is eligible to be a debtor under Bankruptcy Code § 109 or had the proper corporate authorization to file its case are not jurisdictional; accordingly, the bankruptcy...
Summarized by Amy Quackenboss , American Bankruptcy Institute
12 years 6 months ago
Citation:
Patriot Coal Corp. v. Peabody Holding Co. (In re Patriot Coal Corp.), Case No. 13-6031 (B.A.P. 8th Cir, August 21, 2013)
Ruling:
In REVERSING the decision of the bankruptcy court, the Eighth Circuit Bankruptcy Appellate Panel held that Peabody Holding must continue to pay health-care benefits for certain retired miners and...
Judge(s):
FEDERMAN, Chief Judge, KRESSEL and SHODEEN, Bankruptcy Judges.
Summarized by Amy Quackenboss , American Bankruptcy Institute
12 years 10 months ago
Citation:
Molchatsky v. U.S., Case No. 11-2510 (2nd Cir. April 10, 2013)
Ruling:
Claims arising from the SEC's actions or inaction in its investigation of the Bernard Madoff Ponzi scheme are shielded by the Discretionary Function Exception to the Federal Tort Claims Act and are...
Judge(s):
Wesley, Droney and Alison Nathan (USDC SDNY) sitting by designation.
Summarized by Amy Quackenboss , American Bankruptcy Institute
13 years 2 months ago
Citation:
Case No. 11-35162 (9th Cir. December 4, 2012)
Ruling:
Ninth Circuit held that a bankruptcy judge lacks constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate, but that the...
Summarized by Amy Quackenboss , American Bankruptcy Institute
13 years 9 months ago
Citation:
Gilbert v. Residential Funding LLC, Case No. 10-2295 (4th Cir., May 3, 2012)
Ruling:
A lawsuit seeking rescission of a mortgage loan is timely under the Truth in Lending Act where the consumer provided notice of rescission to the subservicer within three years of closing but did...
Judge(s):
Chief Judge Traxler, Judge Floyd and J. Michelle Childs, United States District Judge, District of South Carolina (sitting by designation)
Summarized by Amy Quackenboss , American Bankruptcy Institute
14 years 10 months ago
Citation:
C.O.P. Coal Development Co. V. C.W. Mining Co. (In re C.W. Mining Co.), Case No. 10-4054 (10th Cir., April 19, 2011)
Ruling:
The Tenth Circuit upheld the decision of the bankruptcy court, which determined that the Coal Operating Agreement between the debtor and C.O.P. was property of the estate and could be assumed and...
