Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 1 month ago
Citation:
No. CC-12-1398-KiPaTa (B.A.P. 9th Cir. April 11, 2013)
Ruling:
AFFIRMING the bankruptcy court's order (1) dismissing individual chapter 11 debtor's bankruptcy case and all pending adversary proceedings and (2) entering judgment in favor of the United States...
Showalter v. Hopper (In re Showalter), B.A.P. Case No. EC-12-1419-DJuMk (9th Cir. B.A.P. Apr. 11, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Eastern District of California (the...
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in dismissing the debtor's case because the debtor did not establish...
Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber), No. 12-6063 (B.A.P. 8th Cir. April 9, 2013)
Ruling:
11 U.S.C. 706(b) states that on request of a party in interest, the court may convert a case under chapter 7 to a case under chapter 11. Thus, nothing in the statute requires that the debtor's...
Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)
Ruling:
Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.
The Bankruptcy Appellate Panel affirmed a bankruptcy court's decision to reconvert a chapter 13 case to chapter 7 based on debtor's bad faith conduct instead of dismissing the chapter 13 case. The...
Judge(s):
An appeal came from a decision of the Hon. Catherine BAUER, bankruptcy judge for the Central District of California
The appeal came before Bankruptcy Appellate Panel judges: Ralph KIRSCHER, Jim PAPPAS and Randall DUNN.
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 2 months ago
Citation:
Case No. 12-60009 (9th Cir. March 25, 2013)
Ruling:
In AFFIRMING the judgment of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's judgment confirming a chapter 13 plan as proposed in good faith, the Ninth Circuit held that under...
Judge(s):
Kenneth F. Ripple, Stephen S. Trott, and Richard A. Paez