Like the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) that it fully affirmed, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed a bankruptcy court's decision valuing the...
Judge(s):
Harris L. Hartz; Bobby Ray Baldock; and Carolyn B. McHugh
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's denial of a discharge under sections 727(a)(2)(A) and (a)(3) to an individual debtor for his failure to maintain books and...
The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...
Judge(s):
Kent A. Jordan; L. Felipe Restrepo; and David J. Porter
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal by the U.S. Bankruptcy Court for the Central District of California (BC) of a case opened by the filing of a...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgement of the U.S. Bankruptcy Court for the Southern District of California (BC), and related rulings regarding the...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S, Bankruptcy Court for the Southern District of California (BC) that reopened an adversary proceeding,...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Robert J. Faris
The attorney for a debtor, and the debtor's former management, do not have standing to appeal an order converting a Chapter 11 to a Chapter 7 case. In re C.W. Mining Co., 636 F.3d 1257 (10th Cir....
Finding that the U.S. Bankruptcy Court for the Southern District of Ohio (BC) did not abuse its discretion in denying the motion for reconsideration filed by one creditor, Penn Line Service, Inc....
Judge(s):
Suzanne H. Bauknight; James L. Croom; and Alan C. Stout
