Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 2 months ago
Citation:
2014 WL 944846
Ruling:
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding...
The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial...
Judge(s):
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
The Fifth Circuit affirmed the district court’s dismissal of a bankruptcy appeal, holding that the district court did not abuse its discretion in dismissing an appeal after the appellant failed...
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
Reversed and Remanded the order disgorging two properties transferred from Debtor to Debtor's counsel and held that while the Bankruptcy Code seeks to protect debtors and their estates from...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 5 months ago
Citation:
Magee v. Howe (In re Carlson), BAP No. WW-12-1522-KuDTa (BAP 9th Cir. Nov. 15, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s orders (1) imposing $2,685 in sanctions against the Debtor’s bankruptcy attorney and (2) denying the...
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...
Nordin v. Galaba, No. 10-35841 (B.A.P. 10th Cir. Mar. 12, 2013) (unpublished)
Ruling:
The 10th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying conversion from Chapter 7 to Chapter 13 because the debtor failed to carry his burden to prove that he was...
Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
Ruling:
Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
