Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
The U.S. Bankruptcy Appellate Panel (BAP) affirmed the denial of an order denying the contempt motion filed by chapter 13 debtor Jerome Perryman (DR) against his ex-wife, Karen Dal Poggetto (PG),...
Judge(s):
Julia W. Brand; Robert J. Faris; and Gary A. Spraker
More than two decades after the shareholders of NationsBank and BankAmerica first filed securities law class actions after these two merged to form Bank of America Corp. (1999) and nearly two...
Judge(s):
James B. Loken; Jane L. Kelly; and Ralph P. Erickson
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Disposing of an appeal filed by a chapter 13 debtor named "Eric Dutra" (DR), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Mary Jo Heston
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion...
"[n]o particular words are necessary as long as they amount to an admission that [the grantor] has voluntarily and freely executed the instrument." McOuatt, 69 N.E.2d at 810; see also In re...
In an opinion disposing of two appeals by one creditor, Hadi Zeghuzi (CR), of the Sunny Hills Aquatic Club (DR), the debtor - one of an order issued by the bankruptcy court (BC) sustaining the DR's...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
