BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...
Judge(s):
HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges
Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
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...
