The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress.
In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Fifth Circuit (1) upheld a bankruptcy court's order permitting a Reorganized Debtor to create/fund an "Indemnity Sub-Trust," in lieu of acquiring D&O insurance as...
28 U.S.C. § 1334(c)(1) provides a statutory basis for abstention that supplements--but does not subsume--judicially created abstention doctrines; and judicially-created abstention doctrines apply...
Affirming the U.S. District Court for the Northern District of Texas (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) agreed that the U.S. Bankruptcy Court for the Northern District...
Judge(s):
Priscilla Richman; James C. Ho; and James L. Dennis
