Topic
Every decision we've filed under Bankruptcy.
The First Circuit dismissed an appeal challenging administrative fees on court-held funds and affirmed the dismissal of a claim regarding accrued interest. The court found the fee claim violated the automatic stay under PROMESA and the interest claim failed for lack of standing.
The Eleventh Circuit affirmed a district court's decision to uphold a bankruptcy court's judgment against a pro se appellant. The appellate court held that the appellant failed to provide a complete record of transcripts necessary for meaningful review of the lower courts' factual findings.
The Fifth Circuit affirmed a summary judgment ruling that allowed a non-party turbine supplier to enforce a consequential-damages waiver against a plaintiff. The court held that the supplier qualified as an intended third-party beneficiary and that the waiver remained enforceable despite allegations of fraudulent inducement and intentional torts.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order staying a civil rights action due to a bankruptcy court injunction. The appellate court found no reversible error because the bankruptcy order explicitly barred the plaintiff from prosecuting the case in federal district court.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a debtor challenging a bankruptcy court order. The court held that the order approving the hiring of counsel was not a final order, leaving the appellate court without jurisdiction.
The Ninth Circuit dismissed an appeal regarding the enforceability of an arbitration agreement after the defendant filed for bankruptcy. The court remanded the case to the district court to address new mootness questions arising from the defendant's Chapter eleven plan confirmation.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal concerning a Chapter thirteen bankruptcy plan. The court found the case moot because the underlying bankruptcy proceeding was no longer a live controversy.
The United States Court of Appeals for the Fourth Circuit affirmed a summary judgment ruling in favor of a former chief executive officer accused of breaching fiduciary duties. The court held that the officer owed duties to the parent company rather than creditors and that his business decisions were protected by the business judgment rule.
The Ninth Circuit affirmed a district court dismissal of a pro se plaintiff's constitutional claims arising from bankruptcy proceedings. The appellate court held that the dismissal was proper because the plaintiff failed to effect service of the summons and complaint despite receiving notice and opportunities to do so.
The United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a debtor's adversary complaint against a mortgage association. The court held that the bankruptcy court did not abuse its discretion in denying leave to amend because any amendment would have been futile.