Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
In re Gelb, Case No. 12-1086 (B.A.P. 9th Cir. Mar. 29, 2013) (not for publication)
Ruling:
The B.A.P. affirmed the bankruptcy court's decision. First, the B.A.P. held that neither a parent nor a guardian ad litem may bring an action on behalf of a minor child without retaining a lawyer....
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
The Bankruptcy Appellate Panel ("BAP") affirmed the lower court granting relief from the automatic stay where the Debtors argued (for the first time on appeal) that the creditor had not taken into...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
13 years 1 day ago
Citation:
In re Canopy Financial, Inc., No. 12-3239 (February 28, 2013) (Easterbrook, Posner and Tinder, Circuit Judges).
Ruling:
Affirmed. Though a trial judge has discretion to excuse some negligent errors under the equitable “excusable neglect” standard of Pioneer Investment Services Co. v. Brunswick Associates L.P.,...
Judge(s):
Easterbrook, Chief Judge, Posner and Tinder, Circuit Judges. Conlon, District Judge. Wedoff, Bankruptcy Judge.
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 3 weeks ago
Citation:
Newman v. Schwartzer (In re Newman), --B.R.-- (9th Cir. B.A.P. February 4, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court holding that, although the Debtor had spent a tax refund prior to the entry of an order for...
Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
13 years 1 month ago
Citation:
No. 11-51082
Ruling:
Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 2 months ago
Citation:
12b0009n.06; Docket No. 12-8014
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Southern District of Ohio which denied confirmation of the debtor's Chapter 12 plan and dismissed...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 2 months ago
Citation:
BAP No. CO-11-087 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
In AFFIRMING the bankruptcy court, the BAP ruled that the bankruptcy court had jurisdiction to approve a settlement entered into between a putative debtor and creditors dismissing the case without...
Affirming the Bankruptcy Court for the District of Colorado, the Bankruptcy Appellate Panel for the Tenth Circuit held that: (1) the bankruptcy court (“BC”) had subject matter jurisdiction...
