The Sixth Circuit affirmed the bankruptcy court’s “Declaration Order,” which had clarified that its previous orders barred the lessor-appellant from challenging the validity of a lease...
The Fourth Circuit held that § 327(a) does not permit former trustees to file post-hoc applications to employ professionals for work done while they were trustees if the case has already been...
The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
The Eleventh Circuit affirmed the decision of the bankruptcy court, because the debtor failed in her opening brief to address one of the two alternative holdings of the bankruptcy court. More...
The Fifth Circuit held that the bankruptcy court abused its discretion and erred in not abstaining from adjudicating the liquidating trustee’s claims. That is, Burford v. Sun Oil Co. compelled...
The Fifth Circuit found that the questions on appeal to the district court (from a bankruptcy court’s order denying a complaint filed under both section 523 and section 727) contained questions...
The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...
The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
Judge(s):
Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
