United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) denying a creditor’s motion for...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing chapter 13 case and adversary proceeding and denying as moot numerous motions of pro se debtor, including motion for...
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
As to the threshold requirements of Rule 60(b), the court found that Wells failed to timely file its motion and that granting relief to Wells would prejudice the bona fide purchaser at the...
Judge(s):
Before Judges Niemeyer, King, and Duncan, Circuit Judges.
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's...
Onyeabor v. Centennial Pointe Property Owners' Assoc. (In re Onyeabor), No. UT-14-047 (BAP 10th Cir. Apr. 15, 2015)
Ruling:
BAP for 10th Circuit affirmed in part, and dismissed in part, debtor's appeal of bankruptcy order denying her motion to reconsider order denying motion to vacate order converting debtor's chapter...
