United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013)
Ruling:
Reversing the ruling of the bankruptcy court, the BAP determined that confirmation of a Chapter 13 plan (the "Plan") which fails to address the payment of post-petition interest on...
BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
Ruling:
In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
Affirming the United States Bankruptcy Court (“BC”), the Bankruptcy Appellate Panel (“BAP”) for the First Circuit affirmed the BC’s order discharging the debtor and denying the debtor’s...
Judge(s):
Lamoutte, Haines, and Deasy, United States Bankruptcy Appellate Panel Judges.
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 8 months ago
Citation:
BAP Nos. 12-1643 and 13-1049 (9th Cir. BAP 2013)
Ruling:
BAP affirmed bankruptcy court imposition of sanctions against debtor's former counsel, including award of attorney fees to debtor's new counsel of approximately $45,000; suspension from filing new...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 9 months ago
Citation:
Danielson v. Flores (In re Flores), No. 11-55452, --- F.3d --- (9th Cir. Aug. 29, 2013)
Ruling:
Affirming the Bankruptcy Court, the Ninth Circuit, sitting en banc, held that a Bankruptcy Court may confirm a chapter 13 plan of reorganization under section 1325(b)(1)(B) only if the plan’s...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 9 months ago
Citation:
In re Conway, 8th Cir. B.A.P. No. 13-6016 (August 21, 2013)
Ruling:
Reversed: The 8th Circuit Bankruptcy Appellate Panel, after a de novo review, reversed the U.S. Bankruptcy Court for the Eastern District of Missouri's ruling, that Ms. Conway's private loans were...
In re Rozier, BAP No. CC-12-1359-KiPaD (BAP 9th Cir. August 19, 2013)
Ruling:
Ninth Circuit BAP affirmed U.S. Bankruptcy Court for the Central District of California (J. Bauer) grant of relief from stay for cause pursuant to 11 USC 362(d)(1) over objection of Chapter 7...
No. 11-8090 and 11-8098 (10th Cir. August 20, 2013).
Ruling:
Affirming the lower court decision, the Tenth Circuit concluded that, where the debtor sought damages in a personal injury lawsuit in an amount that far exceeded the value of the claim as disclosed...
The 9th Circuit BAP upheld a Bankruptcy Court's determination that a prior California state court decision concerning breach of fiduciary duty was issue preclusive on whether Debtor was not...
