BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge...
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Sua sponte, the court found that Mrs. Lee, who was not a party to the underlying state court action, did not have Article III standing to bring suit and vacated judgment as to Mrs. Lee with...
In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
The Tenth Circuit affirmed the district court's dismissal of the appellant's RESPA claim because, on appeal, she did not argue that such dismissal was improper. The Court of Appeals reversed the...
The Seventh Circuit Court of Appeals affirmed the district court’s ruling, finding the district court did not commit any reversible errors regarding the six main issues on appeal.
Judge(s):
Manion and Kanne, Circuit Judges, and Miller, District Judge, sitting by designation
In an opinion decided by quorum due to Judge Posner's retirement, the Court found that the plain language of the subject lease permitted the City to retain structures and improvements on City...
