The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
The debtor confirmed a chapter 11 plan in 2009 granting creditor Bay Bridge an in rem claim against property to the extent Bay Bridge had an "allowed secured claim." Bay Bridge filed a proof of...
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
