BAP for 9th Circuit affirmed ruling of bankruptcy (D. Nev.) in 2-1 split, concluding Nevada's "one-action
rule" renders a creditor's deed of trust void if, prior to the completion of the...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) overruling objection to chapter 11 plan confirmation by secured creditor. Bankruptcy court properly ruled plan was filed in good...
Bankruptcy court did not abuse its discretion when denying requests to extend the deadline by claimant because claimant failed to prove excusable neglect.
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...
Applying the alter-ego test of the NLRA, the Sixth Circuit affirmed the District Court's finding that the defendant is an alter-ego of a related bankrupt company for purposes of pension fund...
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
Proceeds from consigned goods in consignee's possession on the petition date become property of the estate unless the consignor has perfected its interest.
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
