Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 2 weeks ago
Citation:
2014 WL 944846
Ruling:
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 weeks ago
Citation:
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling:
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would...
Judge(s):
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
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...
Summarized by Albert Sheen , U.S. Bankruptcy Court
12 years 3 weeks ago
Citation:
B.A.P. No. NC-13-1365-KiDJu (9th Cir. B.A.P. Mar. 6, 2014) [Not for Publication]
Ruling:
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not err in granting summary judgment avoiding Wallace's...
Finding no error in the bankruptcy court’s findings, the Eighth Circuit affirmed the bankruptcy court’s denial of reconsideration of an earlier order imposing sanctions on the appellent for...
The The Ninth Circuit BAP affirmed the Bankruptcy Court. However, the BAP affirmed the bankruptcy court's order imposing sanctions on the Appellant based on another ground. The BAP ruled that the...
Williamson v. Murray (In re Murray), Case No. KS-13-034; Baer v. Beach (In re Beach), Case No. KS-13-037 (B.A.P. 10th Cir. March 4, 2014) (published)
Ruling:
Chapter 7 trustees’ strong arm rights and powers apply to property of the estate, but do not extend to property specifically exempted by state law and determined to be an integral part of a...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 1 month ago
Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
12 years 1 month ago
Citation:
No. 12-51270, Consolidated with No. 12-51279
Ruling:
In the en banc poll, 6 judges voted in favor of rehearing (Chief Judge Stewart and Judges Jolly, Davis, Dennis, Graves, and Higginson, and 8 judges voted against rehearing (Judges Jones, Smith,...
Judge(s):
Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 1 month ago
Citation:
Baloch v. Shah (In re Baloch) (B.A.P. AZ-12-1557 KuDPa Feb 26, 2014)
Ruling:
In an unpublished opinion, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), using the abuse of discretion standard, affirmed the bankruptcy court ruling that a California based default...
