A damages award for breach of a settlement agreement that (i) required one party to transfer his interests in various entities to another person in exchange for payments over time, (ii) made the...
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that two chapter 7 debtors in a joint case -...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Laura S. Taylor;
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the ruling of the district court deeming an arbitrator's binding award of half the increase in value of the retirement savings...
Judge(s):
David F. Hamilton; Diane S. Sykes; and Michael S. Kanne
The Ninth Circuit Bankruptcy Appellate Panel (BAP) reversed the bankruptcy court's order denying recognition of a Monaco insolvency proceeding under section 1501 based on the misconduct and bad...
The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the debtor's motion to enforce the discharge injunction based on the holding that the interest at issue was a...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) found no abuse of discretion in the "common-sense" decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to order...
Judge(s):
Terrence L. Michael; Cathleen D. Parker; and William T. Thurman
Concluding that the law of the state of a debtor's prepetition domicile governs an exemption claim, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) reversed the decision of the U.S....
Judge(s):
Cathleen D. Parker; Terrence L. Michael; and William T. Thurman
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
