While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
BAP for 8th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. ND - Fargo) disallowing claim due to lack of standing, untimeliness, and laches. Notwithstanding long period...
BAP for 10th Cir. affirmed ruling of bankruptcy court (WD Ok.), which entered judgment against chapter 7 debtor on avoidance claim and for denial of discharge. Totality of the circumstances...
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
