In an appeal by a chapter 11 debtor of a bankruptcy court’s judgment for it and against three persons and denial of motion to amend, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP)...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...
Judge(s):
Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Laura S. Taylor
Like the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) that it fully affirmed, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed a bankruptcy court's decision valuing the...
Judge(s):
Harris L. Hartz; Bobby Ray Baldock; and Carolyn B. McHugh
The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...
Judge(s):
Kent A. Jordan; L. Felipe Restrepo; and David J. Porter
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal by the U.S. Bankruptcy Court for the Central District of California (BC) of a case opened by the filing of a...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
Finding that the U.S. Bankruptcy Court for the Southern District of Ohio (BC) did not abuse its discretion in denying the motion for reconsideration filed by one creditor, Penn Line Service, Inc....
Judge(s):
Suzanne H. Bauknight; James L. Croom; and Alan C. Stout
BAP for 10th Cir. reversed ruling of bankruptcy court (D. NM) after bankruptcy court entered defense verdict against plaintiff chapter 7 trustee on 547 and 548 claims. Post-confirmation payments by...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) overruling creditor's objection to chapter 11 debtor's subchapter V election. Bankruptcy court's ruling that burden was on creditor to...
Publishing so as to explain the role of a bankruptcy court to set the commitment period during which a debtor must pay its projected disposable income or its value in a subchapter V case, the U.S....
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III