Sustaining the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s summary judgment grant, the U.S. Court of Appeals for the Sixth Circuit (Circuit) held malpractice claims...
Judge(s):
Richard F. Suhrheinrich; Bernice B. Donald; and Eric E. Murphy
Pursuant to 28 U.S.C. § 1291, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court for the District of Utah (BC), itself previously confirmed...
Judge(s):
Carlos F. Lucero; Jerome A. Holmes; and Allison H. Eid
A panel of the Bankruptcy Appellate Panel for the Sixth Circuit (BAP or Panel) affirmed, "solely" on procedural grounds, the decision of the United States Bankruptcy Court for the Western District...
Judge(s):
Beth A. Buchanan; Randall S. Mashburn; and Jessica E. Price Smith
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
Res judicata does not bar a plaintiff from suing his former attorneys based on statements they allegedly made to him in connection with a settlement approved by the bankruptcy court. Under the...
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
Court affirmed imposition of sanctions against Debtor's counsel for filing two different petition for relief for Decedent's estate. Counsel knew or should have known that Decedent's estate is not...
Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
