Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
The Ninth Circuit dismissed for lack of jurisdiction (lack of finality) an appeal and a cross-appeal from a district court’s order affirming in part and remanding in part for further factual...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.
9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1316-KiTaPa (August 26, 2015) - Not for Publication
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's order and judgment excepting certain debts of the Debtor. To establish an exception from discharge the plaintiff...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 9 months ago
Citation:
Fifth Circuit; No.14-10999
Ruling:
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
10 years 9 months ago
Citation:
Chavez v. Dole Food Co., Case No. 13-4144 (3d Cir. Aug. 11, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit ruled that: (a) concurrent jurisdiction exists for purposes of the first-filed rule if “on the date of the filing of the second-filed...
Judge(s):
Judge Julio M. Fuentes (dissenting), Judge Joseph A. Greenaway, Jr., and Judge Richard Lowell Nygaard
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 10 months ago
Citation:
No. 14-30857; Fifth Circuit
Ruling:
The Fifth Circuit ruled that there is a limited exception to the "nonreviewability" provisions of remand orders under 28 USC Sections 1334(c)(1) and 1452(b), where the removed case involves a...
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on...
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan....
Judge(s):
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of...
