na Cases
June 25, 2024
The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.
June 24, 2024
Judge Huennekens explained that a church’s immunity for receipt of a constructively fraudulent transfer only applies if the transferor was an individual and the transferor was the debtor.
May 22, 2024
9th Circuit , Idaho ,
A notice of appeal precludes the court from modifying an order on appeal but does not impair enforcement of the order absent a stay pending appeal.
May 14, 2024
Bankruptcy Judge Scott Clarkson nailed the government with $38,000 in sanctions for a ‘willful’ violation of a discovery order shown by ‘clear and convincing evidence.’
April 29, 2024
The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.
April 22, 2024
A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.
April 19, 2024
The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.
April 18, 2024
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
April 8, 2024
For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.
April 5, 2024
The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.