45 results for 'cat:"Bankruptcy" AND cat:"Civil Procedure"'.
J. Clay finds the reinstatement order issued by the trial court is not barred by judicial estoppel as a result of the employee's failure to file notice of her employment lawsuit during bankruptcy proceedings. The order had no bearing on the employee's distribution of debts and was unrelated to any potential damages. Meanwhile, the court lacks jurisdiction over the award of damages and attorney fees to the employee because none of those orders were finalized by the lower court; therefore, the remainder of the appeal will be dismissed. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: April 17, 2024, Case #: 22-5761, Categories: bankruptcy, civil Procedure, Employment
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure, Jurisdiction
J. Ledet finds that the trial court should not have denied an employee's exception of no cause of action on a claimant's allegation that she was injured by the employee. In this case, the claimant is judicially estopped from recovering damages because she filed a voluntary petition for Chapter 13 bankruptcy in the United States Bankruptcy Court and did not disclose any pending or potential lawsuits, including the instant matter. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 4, 2024, Case #: 2024-C-0126, Categories: bankruptcy, civil Procedure
J. Baker finds that the trial court properly allowed an investment fund to first plead its affirmative defense of judicial estoppel on an investor's malicious prosecution claim after the pretrial deadline. However, it was error to grant the fund's motion for summary judgment since the investor's claim did not accrue until an underlying federal bankruptcy suit was dismissed and the claim was assigned to the investor. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: April 2, 2024, Case #: DA 23-0246, Categories: bankruptcy, civil Procedure, Malicious Prosecution
J. Hanks denies an appeal of a bankruptcy court order that denied, a property owner reconsideration in reopening a bankruptcy case related to the foreclosure of a home. The bankruptcy court dismissed the case because council for the property owner failed to appear at a hearing. The failure to appear, as well as abusive communication and a pattern of ignoring the court’s valid rejections, suggests an intentional delay that warrants dismissal with prejudice.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:23cv2674, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure
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J. Somers upholds the bankruptcy court's refusal to allow a bank to extend a deadline to file a witness and exhibit list to support its claim a debt was non-dischargeable. The bank's previous attorney, believing the parties would settle, failed to meet the deadline to file for the list, and the neglect was not excusable. Affirmed.
Court: 10th Circuit, Judge: Somers, Filed On: March 21, 2024, Case #: WO-23-017, Categories: bankruptcy, civil Procedure
Vice Chancellor Fioravanti dismisses a petition seeking assignment for the benefit of creditors, Delaware's bankruptcy alternative, because the assignee failed to comply with statutory mandates such as timely filing an asset inventory and retaining appraisers who procured appraisals without prior court order.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: March 13, 2024, Case #: 2023-1294-PAF, Categories: bankruptcy, civil Procedure
Per curiam, the circuit finds that the district court properly upheld default judgment obtained by a liquidating trustee in bankruptcy court. The judgment returned a $23.7 million mortgage to the debtors' estate that had been purchased for $3.8 million by an entity associated with an ex-officer of one debtor, which received notice of service of judgment and of being added to the case. The entity's failure to respond was determined to be willful, and the bankruptcy court had personal jurisdiction over the parties. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-311-bk, Categories: bankruptcy, civil Procedure, Jurisdiction
J. Gustafson finds that the trial court was within its discretion to deny a patient's motion to alter or amend a judgment. She failed to provide any briefing in support of the motion, which she filed in an attempt to substitute a doctor's insurance company as the real party in interest to her medical malpractice complaint. Also, bankruptcy law did not prevent the patient from serving process on the doctor, so the trial court properly dismissed her complaint for failure to serve. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 12, 2024, Case #: DA 23-0319, Categories: bankruptcy, civil Procedure, Medical Malpractice
J. Herren upholds the bankruptcy court's refusal to allow a debtor to dismiss his bankruptcy case. He no longer had a right to dismiss when his chapter 13 case was converted to chapter 7 two months prior to his filing of the motion to dismiss. Affirmed.
Court: 10th Circuit, Judge: Herren, Filed On: March 11, 2024, Case #: CO-23-008 , Categories: bankruptcy, civil Procedure
[Consolidated]. J. Shepherd finds that this appeal in this bankruptcy dispute must be dismissed. The trust seeks to to dismiss a creditor's claims that certain dragnet clauses in mortgages are enforceable. The creditor argued that the clauses are valid. However, the court lacks jurisdiction because the bankruptcy court still has much to decide in this case.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 22-3201, Categories: bankruptcy, civil Procedure, Banking / Lending
J. Dales finds the bankruptcy court properly excluded the deposition of the principal witness during bankruptcy proceedings. Although both parties agreed to end the deposition early because of the witness's illness, which led to his death before the deposition could be resumed, there was no cross-examination and, therefore, the testimony was incomplete and one-sided. Affirmed.
Court: 6th Circuit, Judge: Dales, Filed On: February 28, 2024, Case #: 23-8004, Categories: bankruptcy, civil Procedure, Evidence
J. Eskridge upholds the bankruptcy court's enforcement of a confirmation order finding the sole shareholder of a debtor set of entities lacked standing to pursue state law claims for gross negligence and willful misconduct. His claims were derivative of the entities, not direct, and, therefore, they were not his to pursue.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: February 22, 2024, Case #: 4:21cv456, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure
J. Pulliam finds a bankruptcy court ruled correctly in confirming a Chapter 13 bankruptcy plan after that plan was disputed by a loan servicing company. The company’s arguments here are “repetitive” and have already been “dispelled by courts in other divisions,” and the company is admonished that in the future it must “focus on ways in which it contends the bankruptcy court erred, rather than simply reiterating arguments made to the bankruptcy court.” Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: February 12, 2024, Case #: 5:23cv361, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, civil Procedure
J. Gilman finds the lower court erroneously dismissed the parent company's lawsuit against creditors. Although its subsidiary had stipulated to various claims filed by the creditors in a prior bankruptcy case, those stipulations did not constitute a final decision on the merits that would allow for the application of res judicata. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: February 8, 2024, Case #: 23-5476, Categories: bankruptcy, civil Procedure
[Consolidated.] J. Wecht finds that the lower court properly confirmed certain modifications to a recovery plan that were proposed by the Act 47 receiver for Chester County, a financially distressed municipality. While the plan may limit some local officials’ authority, the Pennsylvania General Assembly has indicated that such plans are permissible in cases where “local officials are unwilling or unable to accept a solvency plan developed for the benefit of the municipality.” Affirmed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: January 29, 2024, Case #: J-34A-2023, Categories: bankruptcy, civil Procedure, Government
J. Clark finds that the lower court properly dismissed residential foreclosure claims as time-barred. The borrowers tolled the action for a time with the bankruptcy filing, but the original lender's voluntary discontinuance of the action did not de-accelerate the debt prior to the expiration of the six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535925, Categories: bankruptcy, civil Procedure, Foreclosure
J. Williams declines to withdraw references to an adversary proceeding currently pending in bankruptcy court in which a jury trial is being sought on fraudulent transfer claims connected with the FTX Group and Samuel Bankman-Fried. The current bankruptcy proceeding is at the early stages of litigation, and the matter may not even proceed to trial. Meanwhile, the "Pruitt" factors do not support withdrawal at this time.
Court: USDC Delaware, Judge: Williams, Filed On: January 2, 2024, Case #: 1:23cv915, NOS: Bankruptcy Withdrawal 28 USC 157 - Bankruptcy, Categories: bankruptcy, civil Procedure
J. Thapar finds the lower court properly converted the drug rehab facility's bankruptcy proceedings from Chapter 11 to Chapter 7. It had no operating income, very few assets and its license had been revoked by the state of Ohio, all of which created a high likelihood it would not rehabilitate. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 29, 2023, Case #: 23-3375, Categories: bankruptcy, civil Procedure
Per curiam, the circuit finds that an appeal should be dismissed as brought from an order vacating and remanding default judgment entered against a creditor in bankruptcy court. The litigation administrator of the debtors' post-confirmation estates challenged the order, which reopened an adversary proceeding over collection efforts on behalf of the creditor, but default judgment did not constitute an appealable final order.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-60-bk, Categories: bankruptcy, civil Procedure, Jurisdiction
J. Bevan upholds the trial court determination that Idaho law established the limitations period on a commercial landlord's breach of contract cause of action on claims against its tenant that it bought from a third-party creditor, and that the period was stayed by a bankruptcy proceeding. But the trial court should have held that the bankruptcy stay also applied to the landlord's claims against the tenant related to the lease and tenancy. Vacated in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: October 26, 2023, Case #: 49633, Categories: bankruptcy, civil Procedure, Contract
J. Dato finds that the trial court mistakenly held that a bankruptcy trustee's abandonment of a property after a visitor was injured there protected her from liability for the visitor's injuries. The abandonment retroactively reverted title and possession to the debtors but it did not operate retroactively for the purpose of establishing liability. And the Barton rule does operate to deprive the trial court of jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 19, 2023, Case #: D080534, Categories: bankruptcy, civil Procedure, Negligence