The bankruptcy court did not have subject matter jurisdiction over a dispute between the liquidating trustee for a bankruptcy estate and a third party which claimed ownership of property formerly...
Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of...
The Third Circuit Court of Appeals affirmed the bankruptcy court’s decision on remand, finding that: (i) the payments that Eclipse, the debtor-appellee, made to Prudential, the...
Judge(s):
Jordan and Roth, Circuit Judges; and Mariani, District Judge
Court of Appeals for the Sixth Circuit affirmed bankruptcy court's award of attorney fees and costs (and subsequent finding of civil contempt for failure to pay the award as ordered) related to...
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request...
Judge(s):
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford
The amount of compensation determined under a prepetition employment contract that is rejected is not presumptive evidence for the officer's or employee's section 506(b)(1)(A)(i) administrative...
Judge(s):
JURY*, BRAND, and LAFFERTY (*sitting by assignment)
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
The Circuit Court held that awards were justified pursuant to Rules 45(d)(1) as sanctions, and pursuant to Rule 45(d)(2) cost-shifting. The subpoenas imposed an undue burden and expense that...
Safe-harbor provision of Louisiana Oil Well Lien Act (LOWLA) allowed sale of lessee's overriding royalty interest (ORRI) free and clear of service providers' liens. LOWLA both created liens in...
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
