Topic
Every decision we've filed under Bankruptcy.
The Seventh Circuit affirmed bankruptcy court orders confirming Chapter thirteen repayment plans that paid attorneys fees before nonpriority unsecured creditors. The court held that the Bankruptcy Code permits such payment structures and does not require attorneys to file proofs of claim for administrative expenses.
The Third Circuit held that Philadelphia could be held in civil contempt for violating a bankruptcy discharge as to one property after pursuing post-discharge collection despite actual notice of the bankruptcy. But the court agreed contempt was not warranted as to a second property because the debtor failed to prove the discharge covered that debt.
The Fourth Circuit held that Virginia courts lacked personal jurisdiction over a California employee accused of defaming a coworker. But it also held that the complaint plausibly stated a vicarious-liability claim against the employer under Virginia's presumption favoring respondeat superior at the pleading stage.
The Fifth Circuit affirmed summary judgment allowing Wilmington Savings to enforce a Texas home equity loan and foreclose on the property. The court rejected challenges based on service, standing, and limitations.
The Sixth Circuit affirmed the district court's dismissal of the Brysons' complaint against Specialized Loan Servicing, LLC. The court found no basis for relief under Rule 59(e) or Rule 15.
The First Circuit affirmed the dismissal of a securities fraud class action regarding the failed Amazon and iRobot merger, except for one specific statement in a modified proxy statement.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a bankruptcy appeal filed by Maurice Briscoe. The court also denied Briscoe's motion for a stay pending appeal as moot.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal from a district court order abstaining under the Bankruptcy Code. The court held that federal appellate courts lack jurisdiction to review a district court's decision to abstain and remand a case to state court.
The Ninth Circuit affirmed a district court dismissal based on judicial estoppel after the plaintiff failed to disclose claims in bankruptcy schedules. The court held that the plaintiff derived an unfair advantage by receiving automatic stays without listing potential assets.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Timothy Barton for lack of jurisdiction. The court also directed Barton to show cause why sanctions should not be imposed for filing a frivolous appeal.