45 results for 'cat:"Bankruptcy" AND cat:"Civil Procedure"'.
J. Dick affirms a bankruptcy court ruling denying a creditor’s counsel request for more time to file proof of a claim against the debtor in a Chapter 13 bankruptcy. The creditor’s lawyer said he did not file his client’s claim timely because of a calendaring error, and pleaded “excusable neglect.” The district court ruling disagrees: “Neglect is the inadvertent failure to do or not to something. Counsel for [the creditor] made the conscious decision to remove deadlines from his calendar on an erroneous ill-advised assumption. This is not excusable neglect — it is a bad decision.” The bankruptcy court’s decision is affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: September 28, 2023, Case #: 3:22cv664, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure, Constitution
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J. Moll finds that the lower court properly granted the attorney's motion for summary judgment on vexatious litigation claims and properly refused to apply issue preclusion because a judgment rendered in favor of the wife during foreclosure proceedings with her husband was voided by a bankruptcy stay and, therefore, did not require a decision in the wife's favor. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 4, 2023, Case #: AC45296, Categories: bankruptcy, civil Procedure, Banking / Lending
J. Forrest grants a petition for a writ of mandamus and orders the United States Bankruptcy Court for the Central District of California to quash trial subpoenas requiring petitioners to testify via video from their home in the U.S. Virgin Islands. The individuals moved to quash their trial subpoenas because they violated the geographic limitations under a Federal Rule of Civil Procedure.
Court: 9th Circuit, Judge: Forrest, Filed On: July 27, 2023, Case #: 22-70092, Categories: bankruptcy, civil Procedure
J. Faris upholds the bankruptcy court's refusal to allow a debtor to sue its former chapter 11 trustee in another forum. The bankruptcy court found the debtor failed to support a prima facie case against the trustee, and the debtor lacks standing because its plan invested all estate claims in the plan trust; therefore, only the plan could pursue claims against the trustee. Affirmed.
Court: 9th Circuit, Judge: Faris, Filed On: July 19, 2023, Case #: CC-23-1034-FLS, Categories: bankruptcy, civil Procedure, Venue
J. Hicks affirms a bankruptcy court ruling against a Kansas contractor, holding that non-debtor litigants in Kansas City did not violate the lower court’s order by filing suit in a Kansas state court to determine certain interests and rights in land ownership. Because the non-debtors did not violate the bankruptcy court’s stay order, there is no legal basis to find the Kansas litigation is legally void. Affirmed.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 11, 2023, Case #: 5:22cv5769, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure, Property
J. Ashe denies a request by the Roman Catholic Archdiocese of New Orleans to dismiss disability discrimination claims against it in bankruptcy court by parents of disabled children seeking to enroll in New Orleans-area Catholic schools. The archdiocese unpersuasively argued that the parents’ complaints are moot because the archdiocese has voluntarily removed the allegedly biased questions from school admissions applications. The district court has no jurisdiction over the parents’ claims against the church, which are pending both in state court and in bankruptcy court.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 23, 2023, Case #: 2:22cv4552, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure, Jurisdiction
[Consolidated.] J. Nalbandian finds the lower court erroneously determined the creditor's second bankruptcy notice was untimely filed. Although it fell outside the initial 14-day window, the bankruptcy court extended the filing window after the initial notice was defective. Therefore, the case must be remanded to allow the lower court to consider the merits of the claims properly preserved by the second notice. Reversed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: June 16, 2023, Case #: 20-2273, Categories: bankruptcy, civil Procedure