Home » Bankruptcy Process and Procedure

In re Rizal Juco Guevarra

Citation:
20-1165 (9th Circuit, Mar 29,2021) Not Published
Case Status:
Reversed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...
Judge(s):
Hons. William J. Lafferty; Julia W. Brand; and Laura S. Taylor
Tag(s):

In re Christina Stacey Marie Hillyer

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 2 weeks ago
Citation:
BAP No. NV-20-1238-TLB (9th Circuit, Mar 30,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...
Judge(s):
Taylor, Lafferty, Brand
Tag(s):

In re Borsotti

Citation:
19-1193 (9th Circuit, Mar 23,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
Tag(s):

In re Orexigen Therapeutics, Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 2 months 3 weeks ago
Citation:
20-1136 (3rd Circuit, Mar 19,2021) Published
Case Status:
Affirmed
Ruling:
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
Judge(s):
Jordan, Krause, and Restrepo
Tag(s):

Victor Kearney v. Unsecured Creditors Committee

Citation:
BAP No. NM-20-033 (10th Circuit, Mar 12,2021) Published
Case Status:
Affirmed
Ruling:
An individual who files a chapter 11 case does not have an absolute right under § 1112(a) to convert her bankruptcy case to a chapter 7 proceeding. Section 1112(a) of the Bankruptcy Code is...
Judge(s):
ROMERO, SOMERS, and PARKER
Tag(s):

Edwards Family Partnership, et al v. Johnson, et a

Citation:
20-60728 (5th Circuit, Mar 05,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Fifth Circuit (Circuit) reversed an order of the district court (DC), which had vacated fees awarded by the bankruptcy court (BC) to the counsel of the debtor (DR)...
Judge(s):
Jennifer W. Elrod; Don R. Willett; and Kurt D. Engelhardt
Tag(s):

In re Paul William Martin

Citation:
19-1336 (9th Circuit, Mar 03,2021) Not Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...
Judge(s):
Scott H. Gan; William Lafferty; and Robert J. Faris
Tag(s):

Assured Gauranty Corp. v Commonwealth of Puerto Rico

Citation:
20-1930 (1st Circuit, Mar 03,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...
Judge(s):
Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson
Tag(s):

In re Christopher Paul Rabalais

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 1 week ago
Citation:
BAP No. CC-20-1216-GFL (9th Circuit, Mar 01,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (CD Cal.) denial of defendant's motion to strike plaintiff's notice of dismissal of adversary. Debtor failed to demonstrate any error by bankruptcy...
Judge(s):
Gan, Faris, Lafferty
Tag(s):

In re Arno Arutyunyan

  • Summarized by Lars Fuller , BakerHostetler
  • 3 months 2 weeks ago
Citation:
BAP No. CC-20-1006-GFL (9th Circuit, Feb 26,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 debtor's motion to dismiss with prejudice as untimely (FRBP 4007(c)) creditor's 11 USC 523(a)(2), (4), and (6)...
Judge(s):
Gan, Faris, Lafferty
Tag(s):

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