Based upon lack of subject matter jurisdiction, BAP vacated a bankruptcy court judgment determining the amount of a debtor's exemption in certain funds held in an account. The BAP held that a...
The Ninth Circuit Court of Appeal affirmed the Ninth Circuit Bankruptcy Appellate Panel. Despite the creditor not having an equity interest on the petition date; creditor's claim had sufficient...
Judge(s):
Consuelo M. Callahan, Paul J. Watford, and John B. Owens, Circuit Judges
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 2 months ago
Citation:
Fifth Circuit No. 14-20024
Ruling:
Civil action originally filed in district court was dismissed by the district court due to lack of subject matter jurisdiction because "the bankruptcy court's jurisdiction is implicated pursuant to...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
11 years 2 months ago
Citation:
Case: 14-30512
Ruling:
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was...
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that a motion for relief from judgment under Rule 9024 is a contested matter; therefore, the bankruptcy court must...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
11 years 2 months ago
Citation:
Fifth Circuit; No. 13-11305
Ruling:
The Golf Channel extended marketing services and advertising to the Stanford International Bank Ponzi scheme and was paid $5.9 million under its agreement with Stanford. Subsequently, the District...
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
11 years 3 months ago
Citation:
In re SCH Corp., No. 14-2888, 2015 WL 756552 (3d Cir. Feb. 24, 2015)
Ruling:
The Third Circuit ruled that a purported settlement negotiated by the Responsible Officer with the plan funder, which added three years to a five-year plan (effectively making it an eight-year...
Judge(s):
This case was heard before Circuit Judges Cowen, Vanaskie, and Greenberg. The Opinion was authored by Judge Cowen. It was noted that this is not an opinion of the full court and pursuant to I.O.P. 5.7, does not constitute binding precedent.
2:11-cv-01263-RSL (9th CA February 27, 2015) Not for Publication
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded to the District Court with instructions to reinstate the partial discharge ordered by the bankruptcy court. The bankruptcy court's judgment...
Judge(s):
BEA and MURGUIA, Circuit Judges, and KOBAYASHI, District Judge.
