In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter...
Judge(s):
Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
13 years 10 months ago
Citation:
In re Jonathan M. Webb [No. 11-8016] (6th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel held that: (i) the doctrine of lis pendens did not preclude certain real property from becoming property of the debtor's bankruptcy estate, (ii) the...
Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
13 years 11 months ago
Citation:
Case No. 10-3770 (7th Circuit); Decided April 3, 2012
Ruling:
Order by U.S. District Court for N.D. Ill. dismissing Trustee's negligence claim against debtors' former auditor (for failure to discover a Ponzi scheme involving the debtors) is reversed and case...
Judge(s):
Easterbrook, Chief Judge, Bauer and Sykes, Circuit Judges. Opinion by Easterbrook.
Postpetition income of Chapter 13 debtors that becomes available after 401(k) loans are fully repaid is projected disposable income that must be turned over to trustee for distribution to creditors...
The 10th Circuit Court of Appeals ruled in favor of creditor Bank of America ("BAC" or "Creditor"), as successor in interest to Countrywide Financial, affirming the judgment of the district court.
The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
Judge(s):
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
Judge(s):
Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 1 month ago
Citation:
BAP No. CC-07-1436-MoDK (9th Cir. December 8, 2011) (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
Affirming the Bankruptcy Court’s decision, the Ninth Circuit held that the Debtor was not denied due process when the Bankruptcy Court failed to provide him with counsel to be paid from the...
In Central States, the Seventh Circuit affirmed the district court's ruling that held that two solvent business entities were under "common control" with an insolvent company and thus liable for...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 2 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
