The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Laura S. Taylor; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...
Judge(s):
Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook
The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the dismissal of an adversary complaint by the U.S. Bankruptcy Court for the Western District of Missouri (BC), that had sought...
Judge(s):
Raymond W. Gruender; William D. Benton; and Bobby E. Shepherd
In a non-bankruptcy opinion, the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the dismissal of a complaint for violations of the Fair Debt Collection Practices Act (FDCPA) for...
Judge(s):
Kenneth F. Ripple; Michael S. Kanne; and Ilana K. D. Rovner
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
The Eleventh Circuit held that a jury should decide whether Losch's claims that Experian negligently, but not willfully, violated the Fair Credit Reporting Act by failing to take reasonable...
The bankruptcy court’s factual determinations are supported by the record and Tracey Nubia (“Debtor”) has not shown that the court clearly erred in valuing her residence.
Judge(s):
Honorable Gan, Klein and Taylor, Bankruptcy Judges (Hon. Christopher M. Klein sitting by designation)
