Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Laura S. Taylor
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the declaratory judgment of the U.S. Bankruptcy Court for the District of Arizona (BC), issued at the conclusion of a two-day...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
Like the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) that it fully affirmed, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed a bankruptcy court's decision valuing the...
Judge(s):
Harris L. Hartz; Bobby Ray Baldock; and Carolyn B. McHugh
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's denial of a discharge under sections 727(a)(2)(A) and (a)(3) to an individual debtor for his failure to maintain books and...
The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...
Judge(s):
Kent A. Jordan; L. Felipe Restrepo; and David J. Porter
Revocation of Trust (whether voluntary or involuntary) constitutes fraudulent transfer as to creditors of Trust as revocation removes assets from reach of creditors of Trust.
Judge(s):
Thapar, and Sutton (Majority); Batchelder (Dissenting)
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal by the U.S. Bankruptcy Court for the Central District of California (BC) of a case opened by the filing of a...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgement of the U.S. Bankruptcy Court for the Southern District of California (BC), and related rulings regarding the...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S, Bankruptcy Court for the Southern District of California (BC) that reopened an adversary proceeding,...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Robert J. Faris
