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In an unpublished opinion, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), using the abuse of discretion standard, affirmed the bankruptcy court ruling that a California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...
Dudley v. Simmons (In re Dudley), BAP No. AZ-12-1631-KuDPa (BAP 9th Cir. Feb. 26, 2014)
Ruling:
The Ninth Circuit BAP affirmed bankruptcy court's (Arizona) dismissal of Chapter 13 case following expiration of sixty month term of confirmed plan and material default. The BAP perceived no abuse...
Kaler v. Bala (In re Racing Services, Inc.), Case No. 13-1086 (8th Cir. February 27, 2014)
Ruling:
Bankruptcy court award of the cash value proceeds of a former employee's life insurance policy to her employer (the debtor) was reversed by the Eighth Circuit on the grounds that the debtor held...
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not clearly err when it found that a debtor's...
Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
Ruling:
Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his...
Judge(s):
Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
The bankruptcy judge properly denied a recusal motion. Alleged ex parte communications by the judge were not improper; the judge did not act out of an improper or corrupt motive; and the judge did...
The Court of Appeals rejected debtors' objections that underlying settlement conceding involuntary bankruptcy was void under FRCP 60(b)(4) because requirements for involuntary bankruptcy under 11...
Affirming the bankruptcy court’s ruling, the Eighth Circuit Bankruptcy Appellate Panel held that a bankruptcy case or adversary proceeding may not be used as a means to collaterally attack a...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 1 month ago
Citation:
2014 WL 503174 (8th Cir.)
Ruling:
The Eighth Circuit vacated the Bankruptcy Appellate Panel's order dismissing as untimely the debtor's appeal of the bankruptcy court's order dismissing her adversary proceeding because the...
