BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. Nev.) overruling chapter 7 trustee's objection to unsecured claim. Indian Tribe held valid sales tax claim...
A chapter 7 debtor whose estate is insolvent lacks standing to object to any claim if the estate is insolvent because the debtor will not be affected by the outcome of the claims litigation.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) found a post-petition order of the U.S. District Court for the District of Nevada (DC) deeming a predecessor-in-interest to Censo LLC...
Judge(s):
William J. Lafferty III; Laura S. Taylor; and Robert J. Faris
Seeing no error and thus no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed orders, issued by the U.S. Bankruptcy Court for the Western District of Washington...
Sixth Circuit BAP reversed Bankruptcy Court's holding that the penalty imposed on a taxpayer under the Affordable Care Act (26 U.S.C. Sec. 5000A) ("ACA") was not a tax on or measured by income but...
Judge(s):
Croom, Dales (dissenting) and Stout (opinion author)
Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...
A damages award for breach of a settlement agreement that (i) required one party to transfer his interests in various entities to another person in exchange for payments over time, (ii) made the...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decisions of the U.S. Bankruptcy Court for the Northern District of California (BC): (1) denying motions for a case's...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that two chapter 7 debtors in a joint case -...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Laura S. Taylor;
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the ruling of the district court deeming an arbitrator's binding award of half the increase in value of the retirement savings...
Judge(s):
David F. Hamilton; Diane S. Sykes; and Michael S. Kanne
