The district court erred by granting the defendants’ summary judgment motion for the Real Estate Settlement Procedures Acts claim because the plaintiff attached the required Qualified Written...
Appellant forfeited his challenge to the bankruptcy court’s alternate rationale for its decision by not briefing it. The circuit court can affirm the judgment based on the alternate rationale....
The circuit court denied Creditor’s petition for rehearing en banc. A debtor’s financial condition is irrelevant for the purpose of assessing federal court subject-matter jurisdiction in a...
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
There can be no claim preclusion of state and federal claims of exemption because § 522(b)(1) and Schedule C prohibit raising state and federal homestead exemptions on a single schedule. The claim...
Texas law requires that parties proffer evidence that allows courts to calculate lost profits with reasonable certainty. Damages cannot be upheld if not based on sufficient evidence or a legally...
The circuit court affirmed the district court’s decision upholding the bankruptcy court’s dismissal of Debtors’ petition and imposition of a new filing bar. The bankruptcy court had the...
The circuit court affirmed the district court’s finding that the bankruptcy court did not err by annulling the automatic stay or denying Debtor's motion for reconsideration. The record supported...
The circuit court affirmed the district court’s finding that Creditor’s appeal was equitably moot. Creditor did not move to stay the bankruptcy court’s confirmation order; relief would be...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., and Michael H. Park
The circuit court found that the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations are valid exercises of its power under the American Rescue Plan Act of 2021. The PBGC’s...
