In re: INTERWORKS UNLIMITED INC.,

Citation:
CC-22-1027-STL (9th Circuit, Aug 19,2022) Not Published
Case Status:
Affirmed
Ruling:
A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...
Judge(s):
SPRAKER, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

Privitera v. Curran

Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

Citation:
BAP NOS. PR 15-046, PR 15-048, Bankruptcy Case No. 08-07752-BKT, Adversary Proceeding No. 09-00258-BKT
Ruling:
We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal is DISMISSED.
Judge(s):
Before Bankruptcy Judges Bailey, Finkle and Fagone
Tag(s):

Golden v. Clay Lacy Aviation, Inc. (In re Aletheia Research and Management, Inc.)

Citation:
In re Aletheia Research and Management, Inc., No. CC-15-1081-KiTaKu (9th Cir. B.A.P. Dec. 10, 2015).
Ruling:
In a constructive-fraudulent-transfer action, the trustee’s bare allegation that the debtor was insolvent when it made the transfers does not demonstrate plausibility under Twombly....
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Miyasaki v. Lui (In re Lui)

Citation:
No. NC–13–1037–JuKiD (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling:
Affirming the bankruptcy court, the bankruptcy appellate panel held that a creditor’s late-filed nondischargeability complaint did not relate back to its objection to the confirmation of the...
Judge(s):
Jury, Kirscher, and Dunn, Bankruptcy Judges.
Tag(s):

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