The circuit court affirmed the district court’s finding that Creditor’s appeal was equitably moot. Creditor did not move to stay the bankruptcy court’s confirmation order; relief would be...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., and Michael H. Park
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Lazzo, et al. v. Rose HIll Bank, et al. (In re Schupbach Investments, L.L.C.), Case No. 14-3277 (10th Cir. November 3, 2015). Published.
Ruling:
Approving retroactive employment of debtor’s professionals requires a showing of extraordinary circumstances and simple neglect will not justify nunc pro tunc approval. Upon confirmation of a...
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
(In re: RCS Capital Development) 9th Cir. B.A.P. No. AZ-12-1626-JuTaAh (July 16, 2013) NOT FOR PUBLICATION
Ruling:
Affirmed--In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel upheld the ruling by the bankruptcy court to confirm the Chapter 11 plan of RCS Capital Development. A.B.C. Learning...
Judge(s):
Bankruptcy Judges: Alan Ahart, Meredith Jury, Laura Taylor
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a...
Judge(s):
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
In re Charter Communications, Inc., --- F.3d ----, 2012 WL 3764706 (2d Cir. Aug. 31, 2012)
Ruling:
• The Circuit Court AFFIRMED the district court on an abuse of discretion review and HELD that the appeals were equitably moot.
• The Circuit stated that equitable mootness in the present case...
In AFFIRMING a bankruptcy court's decision dismissing the debtor's filing of a second chapter 11 case, the Bankruptcy Appellate Panel for the Ninth Circuit held that the debtor failed to show an...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
The Debtors' chapter 11 plan was substantially consummated. Accordingly, the Court of Appeals affirmed the District Court's denial of appeal of confirmation order on grounds of equitable mootness.
