BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
Section 363(c)(3)(A) terminates the entire stay thirty days after the filing of a second petition-- as to the actions against the Debtor, the debtor's property, and property of the bankruptcy...
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
The Third Circuit Court of Appeals affirmed the orders of the Bankruptcy Court and District Court, finding, in part, that the Bankruptcy Court lacked jurisdiction to transfer the trustee’s...
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule...
Tenth Circuit affirmed summary judgment entered by district court (D. Wyo.) against plaintiff on claims for rescission, restitution, fraudulent transfer, and breach of contract. Plaintiff waived...
