8th Circuit affirmed ruling of District Court (D. Minn.) granting defendant's motion for summary based on lack of genuine issue of material fact that plaintiff was not damaged by plaintiff.
In this appeal by Swarnjit Singh Sahni (CR), a creditor, of the order confirming the first amended chapter 13 plan (Plan), as filed by Yoshihiro Tajima and Tomoko Nakajima (DRs), by the U.S....
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Scott H. Gan
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) not to hold a state court non-debtor...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the declaratory judgment of the U.S. Bankruptcy Court for the District of Arizona (BC), issued at the conclusion of a two-day...
Judge(s):
William J. Lafferty III; Julia W. Brand; 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
Revocation of Trust (whether voluntary or involuntary) constitutes fraudulent transfer as to creditors of Trust as revocation removes assets from reach of creditors of Trust.
Judge(s):
Thapar, and Sutton (Majority); Batchelder (Dissenting)
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S, Bankruptcy Court for the Southern District of California (BC) that reopened an adversary proceeding,...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Robert J. Faris
Limning factors relevant to a decision to reopen or reconsider, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the orders, issued by the U.S. Bankruptcy Court for the District...
Judge(s):
Robert E. Bacharach; Allison H. Eid; and Veronica S. Rossman
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.