The Third Circuit affirmed the District Court. 1. The Bankruptcy Court had proper jurisdiction even though the plan had already been confirmed and the dispute was not a core proceeding. Because...
The Sixth Circuit B.A.P. affirmed the bankruptcy court's summary judgment order declaring debt to be nondischargeable on the basis of embezzlement and/or larceny. The Court held that although both...
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Where the sole owner of a bankruptcy company pledged his "2015 Federal tax refund" as collateral for a debtor-in-possession loan in a Chapter 11 case, the Third Circuit affirmed the bankruptcy...
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
The Sixth Circuit Bankruptcy Appellate Panel dismissed the appeal ruling (i) orders vacating the dismissal of
a chapter 13 bankruptcy case and reinstating the case, and denying the Debtor’s...
The Sixth Circuit affirmed dismissal of claims for breach of contract and violations of the Fair Credit Reporting Act, finding that Peoples Bank did not misapply a payment to the wrong month, even...
The Sixth Circuit Bankruptcy Appellate Panel held that (i) an action to determine that personal property is property of the bankruptcy estate need not be pleaded with particularity, (ii) there is...
Applying the alter-ego test of the NLRA, the Sixth Circuit affirmed the District Court's finding that the defendant is an alter-ego of a related bankrupt company for purposes of pension fund...
The Sixth Circuit Bankruptcy Appellate Panel reversed the Bankruptcy Court for the Northern District of Ohio, ruling (i) the continuation of a contempt proceeding against a Chapter 13 debtor for...
