Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
The Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court did not abuse its discretion in denying a chapter 13 debtor's motion to reconsider an order denying her contempt motion....
Two judges of the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal by the U.S. District Court for the District of Minnesota (DC) of a complaint filed by Anders Rydholm...
Judge(s):
Ralph R. Erickson; Michael J.. Melloy; and Jonathan A. Kobes
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
A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
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
