The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Nevada (BC) converting the chapter 11 case of NTI-NC Inc. (DR), both...
Judge(s):
Julia W. Brand; Frederick P. Corbit; and William J. Lafferty III
The Court of Appeals held that the bankruptcy court’s handling of approval of the settlement of class claims, “predicated on 28 U.S.C. § 1334(a) or (b), rather than in the court where the...
Judge(s):
Judge Edith H. Jones, Judge James C. Ho, and Judge Cory T. Wilson
The Ninth Circuit Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's entry of summary judgment in favor of plaintiff's section 523(a)(6) claim against the debtor defendant...
Participants in an ESOP plan established by an S corporation have claims against the plan, not against the corporation itself. As a result, the plan participants' claims were disallowed,
Affirming the U.S. Bankruptcy Court for the Northern District of California (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no error in its avoidance of the judicial...
Affirming the denial of the motion to compel abandonment of the estate's interest in her home by Machele Goetz (Goetz) by the U.S. Bankruptcy Court for the Western District of Missouri (BC), the...
Judge(s):
Shon Hastings; Michael E. Ridgway; and Anita L. Shodeen
The bankruptcy court properly granted the defendants' motion to dismiss a complaint under Rule 12(b)(6) because the debtor/plaintiff had participated with the defendants in the illegal conduct that...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of California (BC) denying a creditor's motion for ...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Middle District of Tennessee (DC) dismissing, pursuant to Federal Rule of Civil...
Judge(s):
Stephanie D. Davis; Jeffrey Sutton; and Joan Larsen