Topic
Every decision we've filed under Bankruptcy.
The Fourth Circuit reversed a district court dismissal based on equitable mootness in a simple Chapter 13 bankruptcy case. The court affirmed the bankruptcy court's denial of the debtor's first plan due to a lack of good faith.
The Ninth Circuit affirmed that a bankruptcy court retains subject-matter jurisdiction over a case even if the individual filing the voluntary chapter 11 petition lacked the requisite corporate authority to do so.
The Tenth Circuit affirmed a bankruptcy court ruling that unpaid salaries owed to former employees are nondischargeable in bankruptcy. The court held that the debtor forfeited a key statutory defense by failing to raise it in the lower court and failed to meet the high burden of proving plain error.
The Eighth Circuit affirmed the district court's award of attorney's fees but reversed the calculation of prejudgment interest, holding that Missouri's statutory rate applies. The court also vacated the award of expert witness fees, ruling they cannot be recovered as part of attorney's fees under Missouri law.
The First Circuit reversed a district court order allowing the collection of attorneys' fees against Puerto Rico's election commission, holding that the fee award was a discharged claim under Puerto Rico's PROMESA debt restructuring plan. The court ruled that the claim arose before the plan's effective date and was barred because the plaintiffs failed to file a proof of claim by the administrative expense deadline.
The Fifth Circuit reversed the dismissal of Porch.com's breach of contract claims against Gallagher Re, holding that the district court erred by resolving factual disputes regarding the broker's post-placement administrative duties. The appellate court affirmed the dismissal of claims related to record retention and sanctions compliance but remanded the case to allow a jury to determine if Gallagher failed to properly administer reserve funding and collateral verification.
The Eleventh Circuit affirmed the district court's grant of judgment as a matter of law, holding that a repossession agent did not breach the peace under Florida law. The court found that superficial property damage and a debtor's statement about making a payment, without further objection or confrontation, were insufficient to convert a peaceful repossession into a breach of the peace.
The Seventh Circuit affirmed a district court ruling that unexercised, future rights under a floating easement for a natural gas pipeline are not fixed to a specific location under Indiana law. The court declined to certify the question to the Indiana Supreme Court, concluding that existing state law provides sufficient certainty on the issue.
The Fifth Circuit affirmed the jury's verdict for Robert Remmert because the appellant failed to file a post-verdict motion challenging the sufficiency of the evidence. Under Supreme Court precedent, appellate courts lack jurisdiction to review legal insufficiency claims absent a Rule 50(b) motion, regardless of the underlying bankruptcy dispute.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a debtor who sought to vacate a permanent injunction. The court found the appeal to be objectively frivolous and lacking arguable merit.