BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's application of Nebraska's equitable estoppel rule to determine that the members of the chapter 11 debtor could not claim personal...
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) approving chapter 7 trustee's settlement of fraudulent transfer action against debtor's investment company over strenuous creditors'...
The Seventh Circuit Court of Appeals dismissed the Appellant’s appeal, finding that the Court lacked jurisdiction to hear the appeal under 28 U.SC. § 158(d)(1) because the district court’s...
