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In re: DANIELA M. FARINA

Citation:
BAP No. NC-22-1071-TBF (9th Circuit, Dec 07,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
Judge(s):
TAYLOR, BRAND, and FARIS, Bankruptcy Judges
Tag(s):

In re: TBH19, LLC

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 6 months 3 days ago
Citation:
2:19-BK-23823-VZ, 2022 WL 16782946 (B.A.P. 9th Cir. Nov. 8, 2022) (9th Circuit, Nov 08,2022) Not Published
Case Status:
Affirmed
Ruling:
Appellants failed to raise § 502(e) in bankruptcy court and thus waived the issue on appeal. BAP found that § 502(e) did not apply because the Estate no longer had a co-obligation with a...
Judge(s):
Hon. Laura S. Taylor; Hon. Gary A. Spraker; Hon. Scott H. Gan
Tag(s):

In re- OPEN MEDICINE INSTITUTE, INC.

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 1 year 1 week ago
Citation:
BAP No. NC-21-1233-FBS (9th Circuit, May 26,2022) Published
Case Status:
Affirmed
Ruling:
Settlement agreement involving release of the Trustee's claims against a prior owner, and a sale of claims to that prior owner's company to pursue claims against a different insider group, was...
Judge(s):
FARIS, BRAND, and SPRAKER, Bankruptcy Judges.
Tag(s):

In re S.S. Body Armor Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 3 years 2 days ago
Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

In re Ralph and Paula Isom

Citation:
BAP No. ID-19-1198-BGL (9th Circuit, Apr 22,2020) Not Published
Case Status:
Affirmed
Ruling:
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
Judge(s):
BRAND, GAN and LAFFERTY, Bankruptcy Judges
Tag(s):

Adeli v. Barclay (In re Berkley Delaware Court, LLC)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 6 years 9 months ago
Citation:
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling:
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
Judge(s):
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
Tag(s):

Zarate v. Umpqua Bank (In re Zarate)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 6 months ago
Citation:
9th Cir. BAP No. EC-14-1371-FDJu (Dec. 9, 2015) (unpublished)
Ruling:
Bankruptcy court properly approved a compromise between Chapter 7 Trustee and Bank relating to the Debtor's fraud claims against Bank which had foreclosed on the Debtor's commercial property.
Judge(s):
FARIS, DUNN, and JURY
Tag(s):

Olson v. Anderson (In re Anderson)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 7 years 8 months ago
Citation:
9th Cir. BAP No. WW-14-1262-JuKiF (Oct. 7, 2015) (unpublished)
Ruling:
The 9th Cir. BAP held that special counsel to Chapter 7 trustee was required to disgorge fees and to pay attorneys fees under Rule 11 for settling the Debtor's personal injury lawsuit, and then...
Judge(s):
JURY, KIRSCHER, and FARIS
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 8 years 1 week ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

SCH Corp. v. CFI Class Action Claimants

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor
  • 8 years 3 months ago
Citation:
In re SCH Corp., No. 14-2888, 2015 WL 756552 (3d Cir. Feb. 24, 2015)
Ruling:
The Third Circuit ruled that a purported settlement negotiated by the Responsible Officer with the plan funder, which added three years to a five-year plan (effectively making it an eight-year...
Judge(s):
This case was heard before Circuit Judges Cowen, Vanaskie, and Greenberg. The Opinion was authored by Judge Cowen. It was noted that this is not an opinion of the full court and pursuant to I.O.P. 5.7, does not constitute binding precedent.
Tag(s):

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