The BAP affirmed the bankruptcy court's decision to dismiss the Plaintiffs' complaint without leave to amend reasoning that the complaint failed to allege plausible facts to support any claim made...
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
In affirming the district court's order denying a chapter 13 debtor's petition under the All Writs Act, which sought an order declaring certain actions taken in a state court foreclosure proceeding...
The BAP affirmed the bankruptcy court in full when the bankruptcy court ruled that the last judgment in time should be granted preclusive effect, even if the same court issued a prior inconsistent...
Affirming the BAP, the circuit court concluded that a retirement account (RA) was held as a tenancy by the entirety by the Debtor (DR) and his wife and thus properly exempt per Wyoming law, status...
Judge(s):
Timothy M. Tymkovich; Mary B. Briscoe; and Robert E. Bacharach
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that claim and issue preclusion barred...
Judge(s):
Laura S. Taylor; Scott H. Gan; and Christopher M. Klein
The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) denying a creditor’s motion for...