The United States Court of Federal Claims determined it had subject matter jurisdiction over their action but nevertheless dismissed it for failure to state a claim upon which relief could be...
The bankruptcy court may set a deadline for for creditors to join a pending involuntary petition. Also, a putative debtor need not plead defenses to the
avoidability of a pre-petition...
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
The pre-petition work claims were not for "back pay attributable to any period of time occurring after commencement of the case" and thus did not qualify for administrative-expense priority under...
Whether 11 U.S.C. § 365(f), or any other portion of Title 11, authorizes a bankruptcy court’s approval of a debtor’s
partial assignment of an executory contract? It does not.
Judge(s):
Per Curiam- Richman, Chief Judge, and Southwick and Oldham.
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
