BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
The Court of Appeals affirmed the District Court's decision, holding that collateral estoppel precludes Spitzer from challenging the original no-preclusion decision that it had intentionally failed...
Judge(s):
NORRIS, ROGERS, and BUSH (opinion of Court by ROGERS)
The bankruptcy court did not err in ruling that withholding of a percentage of (Medi-Cal Payments and Supplemental
HQA Payments) payments owed to the debtor to recover unpaid quarterly fees was...
1. The commencement of a bankruptcy case by the owner of a maritime vessel, and the plaintiff's failure to verify an amended complaint, do not divest the district court of its exclusive in rem...
Judge(s):
Raymond C. Fisher, Richard A. Paez, and Jacqueline H. Nguyen
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
