Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the disallowance, by the U.S. Bankruptcy Court for the Central District of California (BC), of the Debtor's claim of a homestead...
Judge(s):
Gary A. Spraker; Scott H. Gan; and William J. Lafferty III
(1)-Bankruptcy Court had the equitable power under Section 105 (a) to correct any error it may have made in changing the date for the first creditors' meeting after the case was transferred from...
Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
