BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Haw.) approving chapter 7 trustee's motion to approve settlement over objection of debtor. Bankruptcy court did not abuse discretion in...
BAP for 9th Circuit dismissed appeal of chapter 7 debtor who objected to trustee's settlement with creditors. Debtor lacked standing to appeal the order approving settlement. Bankruptcy court...
BAP for 9th Circuit affirmed ruling of the bankruptcy court (CD Cal.) granting chapter 7 trustee's motion to approve settlement of avoidance action against multiple parties, including debtor....
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) approving chapter 7 trustee's settlement of fraudulent transfer action against debtor's investment company over strenuous creditors'...
Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
Judge(s):
Before DENNIS, GRAVES and WILLETT, Circuit Judges.
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
Judge(s):
Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
