The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...
In an opinion affirming a contempt finding by the U.S. Bankruptcy Court for the Northern District of Illinois (BC) affirmed by the U.S. District Court for the Northern District of Illinois (DC),...
Judge(s):
Michael Y. Scudder; Thomas Kirsch; and Candace Jackson-Akiwumi
The Ninth Circuit's Bankruptcy Appellate Panel held the bankruptcy court properly dismissed with prejudice a judgment creditor's claim to except a debt from the debtors' discharge based on...
The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...
Judge(s):
Scudder (opinion author), Kirsch, and Jackson-Akiwumi
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. §...
Judge(s):
Selya and Lynch, Circuit Judges, and McElroy, District Judge.
The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Appeal dismissed for lack of subject matter jurisdiction because the order was not final because the bankruptcy court had not ruled on a remaining claim. The parties' post-appeal stipulation...
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
