Weil v. Elliott

(United States Ninth Circuit) – In a Chapter 7 bankruptcy trustee’s adversary proceeding seeking revocation under 11 U.S.C. section 727(d) of a debtor’s discharge on the ground that the discharge was obtained by fraud, the bankruptcy court’s judgment grant of summary judgment to the trustee, revoking the discharge and dismissing the action is reversed where the one-year filing deadline imposed by section 727(e)(1) is not a jurisdictional constraint, but rather is a statute of limitations.

Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC

(United States Fourth Circuit) – In a bank-creditor’s appeal of a bankruptcy court’s order cancelling its deed of trust covering a piece of real property, two years after the court order and several months after the property was sold in foreclosure to a bona fide purchaser for value, the district court’s denial of the creditor’s motion to set aside the bankruptcy court’s order is affirmed where, at every stage of this litigation, the creditor was in the best position to protect its interests, and failed to do so.

In Re: Ross

(United States Third Circuit) – In an appeal by Chapter 13 debtor appealing a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off the sheriff’s sale of their home, the filing injunction is affirmed where a bankruptcy court has the authority to issue a filing injunction even in the context of approving a debtor’s 11 U.S.C. section 1307(b) voluntary dismissal because nothing in the Bankruptcy Code’s express terms says otherwise.

Quincy Medical Center v. Gupta

(United States First Circuit) – In a Chapter 11 bankruptcy case involving a hospital debtor, the district court’s ruling that the bankruptcy court lacked subject matter jurisdiction over former-executive-plaintiffs’ post-confirmation claims for severance payments against the purchaser of debtors’ assets is affirmed where the bankruptcy court had no jurisdiction.