An opinion issued yesterday by the U.S. Court of Appeals for the Ninth Circuit reiterates the importance of filing written objections and appearing in the Bankruptcy Court to preserve rights to appeal. The opinion clarifies the Ninth Circuit’s recent opinion on this issue, which we covered in a recent blog post. In Reid and
Hawaii Bankruptcy Appeal Serves as a Reminder on Preferential Transfers
In an appeal from the U.S. Bankruptcy Court for the District of Hawaii, the U.S. District Court for the District of Hawaii determined when the date of the transfer occurred for the purposes of a preferential transfer asserted by a trustee pursuant to 11 U.S.C. §547. See Coulson v. Kane (In re Price), Civ.
Mockery of Judicial System Determinations: Eleventh Circuit Confirms “Facts and Circumstances” Test
Kerri Gallagher writes:
The Eleventh Circuit recently held that when determining whether a plaintiff’s inconsistent statements are intended to make a mockery of the judicial system, a court must evaluate all facts and circumstances of the case rather than simply make an inference. See Slater v. U.S. Steel Corp., No. 12 15548 (11th Cir.
U.S. Supreme Court finds Debt obtained by False Promises to Pay, Dischargeable
Samuel Goodstein writes:
The U.S. Supreme Court resolved a dispute about whether debts obtained by false promises to pay (or fraud) can be discharged in bankruptcy.
On June 4, 2018, the U.S. Supreme Court issued an opinion affirming the U.S. Court of Appeals for the Eleventh Circuit’s ruling that false statements related to a single
Ninth Circuit Finds Filing an Objection and Attending Hearing Not Prerequisites for Standing To Appeal a Bankruptcy Court Order
Yesterday a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion reversing a district court order dismissing an appeal from the bankruptcy court for lack of standing. See Harkey v. Grobstein (In re Point Center Financial, Inc.), Bankr. No. 16-56321, D.C. No. 8:16-cv-1336-DSF (May 29, 2018, 9th Cir.).
The
Fifth Circuit Reviews Approval of Adversary Proceeding Settlement for Abuse of Discretion
Anahita Anvari writes:
In In re Beach v. Beach, the Fifth Circuit elaborated on its standard of review for adversary litigation settlements. No. 17-10481 (5th Cir. May 16, 2018).
In this case, Debtor, a Dallas oil-and-gas businessman, formed a partnership to drill oil with a New York investment firm (“Creditor”). Following a dispute between
The Safe Harbor Provision of the Bankruptcy Code Redefined
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back transfers involving securities and financial institutions in circumstances when such institutions serve as mere pass-through entities for the transfer. The decision, Merit Management Group, LP
In the First, Second and Third Circuits, Creditors’ Committees Have Unconditional Rights To Intervene in Adversary Proceedings
Official Committees’ of Unsecured Creditors can, and often do, have significant impacts on cases under chapter 11 of the Bankruptcy Code. Appointed pursuant to Section 1102 of the Bankruptcy Code, creditors’ committees ordinarily consist of creditors holding large claims against the chapter 11 debtor. The Bankruptcy Code (in, for example, Sections 1103 and 1104) provides
Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders
On March 5, 2018, the Supreme Court issued an opinion in U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, which addressed a single question: Whether the Ninth Circuit properly reviewed for clear error (rather than de novo) the Bankruptcy Court’s determination that a certain individual was not qualify as a non-statutory insider. The