Topic
Every decision we've filed under Bankruptcy.
The Fourth Circuit held that servicemembers suing over alleged Servicemembers Civil Relief Act violations lacked Article III standing because their injuries were not traceable to the acts of the Governor or state judges. The court vacated the lower court's judgment and remanded with instructions to dismiss the case for lack of subject matter jurisdiction.
The First Circuit affirmed the dismissal of a securities fraud lawsuit, holding that the claims arose out of promissory notes containing a valid forum selection clause. The court rejected arguments that the clause was unenforceable under Massachusetts public policy or that the suit fell outside its scope.
The Tenth Circuit affirmed Richard Villanueva Mitchell's conviction for making a false bankruptcy declaration, rejecting his claim that the trial court erred by omitting a materiality element from the jury instructions. The court held that because Mitchell himself requested the omission of that element, he invited the error and cannot now challenge it on appeal.
The Fourth Circuit affirmed summary judgment for mortgage servicers, holding that monthly statements, payoff requests, and tax forms sent during a debtor's Chapter 13 bankruptcy were purely informational and did not constitute prohibited debt collection. The court reasoned that explicit disclaimers clarifying the documents' non-collection purpose prevented them from violating the automatic stay or the Fair Debt Collection Practices Act.
The Federal Circuit affirmed a district court's approval of a $125 million settlement resolving a nationwide class action regarding excessive PACER fees. The court held that the district court had jurisdiction under the Little Tucker Act and that the settlement terms, including attorney fees and incentive awards, were fair and reasonable.
The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to voluntarily dismiss an appeal filed by Busch Law Firm, LLC. The court dismissed the appeal pursuant to Federal Rule of Appellate Procedure 42(b) and Tenth Circuit Rule 46.3(C).
The United States Bankruptcy Appellate Panel for the Eighth Circuit dismissed an appeal because the document being challenged was not a court order. The court held that an appointment of a trustee made by the U.S. Trustee is not a final judgment or decree of the bankruptcy court subject to appeal.
The Ninth Circuit affirmed the district court's dismissal of Jun Dam's appeal regarding a bankruptcy fee application. The court held that Dam's sole argument for reversal failed because it depended on a concurrent appeal that was dismissed for lack of subject matter jurisdiction.
The Ninth Circuit affirmed the dismissal of Jun Dam's claims against a bankruptcy trustee and counsel, ruling that Dam lacked prudential standing to assert third-party rights. However, the court vacated the dismissal with prejudice, instructing the district court to dismiss the claims without prejudice due to a lack of subject-matter jurisdiction.
The Fourth Circuit affirmed a lower court ruling denying a motion to compel arbitration of a Bankruptcy Code automatic stay violation claim. The court held that resolving such adversary proceedings in bankruptcy is constitutionally authorized and that forcing arbitration would undermine the uniform administration of bankruptcy cases.