In this appeal by Swarnjit Singh Sahni (CR), a creditor, of the order confirming the first amended chapter 13 plan (Plan), as filed by Yoshihiro Tajima and Tomoko Nakajima (DRs), by the U.S....
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Scott H. Gan
In an appeal by a chapter 11 debtor of a bankruptcy court’s judgment for it and against three persons and denial of motion to amend, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP)...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying recusal as well as the court's order granting defendants' motion to dismiss plaintiff debtor's adversary...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Robert J. Faris
A question remains whether the set-off that Oriental Bank asserts here is senior to the secured interest that MAPFRE has in the same collateral under Puerto Rico law, as well as the fact-laden...
Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...
Judge(s):
Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder
In a case of first impression, the Eleventh Circuit held that a creditor's new value defense available under section 547(c)(4)(B) of the Bankruptcy Code is not offset by "otherwise unavoidable...
Judge(s):
Wilson and Lagoa, Circuit Judges and Martinez, District Judge
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) not to hold a state court non-debtor...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Laura S. Taylor
The bankruptcy court abused its discretion by refusing to allow a claim to be amended after the claims bar date where the debtor failed to show that allowing the amendment would cause undue...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the declaratory judgment of the U.S. Bankruptcy Court for the District of Arizona (BC), issued at the conclusion of a two-day...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
