The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...
Judge(s):
Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges
The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Failure to address a lower court's opinion that the appeal was moot under section 363(m) constitutes a waiver of that argument unless the appellant presented evidence at the bankruptcy court, and...
The Third Circuit affirmed the lower courts' rulings that the bankruptcy court had statutory and constitutional jurisdiction to disallow a claimant's hostile workplace and wrongful termination...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 trustee's sale of debtor's state court appeal rights to appellee. Bankruptcy court did not abuse discretion in...
Ninth Circuit reversing district court, which had reserved the bankruptcy court award of damages to the Debtors for violation of the automatic stay by the IRS. Sovereign immunity does not bar an...
