Topic
Every decision we've filed under Bankruptcy.
The United States Court of Appeals for the Ninth Circuit affirmed the lower court's denial of a renewed motion for reconsideration in a bankruptcy-related dispute. The panel held that the appellant failed to file the motion within a reasonable time as required by federal rules.
The Eleventh Circuit held that the district court lacked jurisdiction to review a bankruptcy court judgment because the notice of appeal was not filed in compliance with procedural rules. The court vacated the district court's final judgment and remanded with instructions to dismiss the appeal without prejudice.
The United States Court of Appeals for the Ninth Circuit affirmed the district court's approval of a bankruptcy asset sale. The court held that the appellant's procedural arguments were either untimely or waived, and the sale was conducted in good faith.
The United States Court of Appeals for the Fifth Circuit affirmed the lower court's dismissal of a bankruptcy adversary complaint. The court upheld the denial of motions for reconsideration and to alter or amend the judgment.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order upholding a bankruptcy court's determination that a judgment debt was non-dischargeable. The appellate court denied the pro se appellant's various procedural motions and found no reversible error in the lower court's ruling.
The Fifth Circuit affirmed the denial of a debtor's motion to void bankruptcy property sales, ruling that individual debtors lack standing under 11 U.S.C. § 363(n) to pursue claims reserved for trustees. The court further held that the debtor's attempt to reopen the sales was barred by res judicata and statutory time limits.
The Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal because the debtor-appellant died and no personal representative was substituted within a reasonable time. The court held that without a party to prosecute the case, continuing the proceedings is improper under Federal Rule of Bankruptcy Procedure 8023.1.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act despite selling its subsidiary in 2005. The court holds that because the petitioners conceded their arguments were identical to those rejected in a 2024 published decision, the prior ruling binds the panel and precludes relief.
The United States Court of Appeals for the Sixth Circuit denied petitions for review seeking to shift liability for Black Lung Benefits Act payments from a former parent corporation to a successor entity. The court held that the petitioners were bound by a prior published decision rejecting identical arguments based on materially identical facts.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits accrued while it self-insured its subsidiary Apogee. The court holds that because the petitioners' arguments mirror those rejected in a prior published decision, the earlier ruling binds this panel and precludes relief.