The U.S. Court of Appeals for the Eleventh Circuit upheld a district court's sua sponte dismissal, with prejudice, of a pro se plaintiff/debtor's in forma pauperis complaint against a bankruptcy...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's order confirming a chapter 13 plan over a creditor's objections. Most notably, the court held, as a matter of first...
Judge(s):
Mary M. Schroeder, William A. Fletcher, and Consuelo M. Callahan
In a 2-1 decision, the Fifth Circuit held a bankruptcy court erred in refusing to consider a debtor's unclean hands defense to a claim to except a state court judgment debt from discharge under 11...
The Second Circuit Court of Appeals held a standing trustee cannot keep a percentage fee collected from a debtor’s pre-confirmation payments if a chapter 13 plan isn't confirmed. While 28 U.S.C....
The U.S. Court of Appeals for the Third Circuit held a magistrate judge properly exercised jurisdiction to enter a final judgment in an appeal from an adversary proceeding pursuant to 28 U.S.C. §...
The U.S. Court of Appeals for the Third Circuit reinstated a bankruptcy court's order sanctioning the Appellee Law Firm by (a) disgorging all fees it collected from the ch. 7 Debtors/Appellants as...
The U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy judge's entry of a contempt order and default judgment against the appellant/defendant/debtor in a non-dischargeability action...
The Third Circuit affirmed a bankruptcy court's summary judgment ruling that a claim is not time barred when the claimant timely files a proof of claim in the bankruptcy case but does not file a...
The U.S. Court of Appeals for the Ninth Circuit affirmed a bankruptcy court's decision that an individual debtor was ineligible to proceed in bankruptcy under Subchapter V of chapter 11. Because...
The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...
