Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
After the U.S. Bankruptcy Court for the Southern District of Texas did not approve all fees requested in a law firm's fee application, the district court affirmed most of the fee reductions. On...
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
A chapter 13 plan that does not expressly address a specific claim has no res judicata or equitable effect on such claim. Thus, a claim that is recognized as a secured claim under state law does...
The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order denying recusal as well as the court's order granting defendants' motion to dismiss plaintiff debtor's adversary...
Judge(s):
Gary A. Spraker; Scott H. Gan; and Robert J. Faris
Creditor did not violate stay by seeking state court award of child support but did violate stay by asking state court to order Debtor to pay without limiting source of payment to post-petition...
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the ruling of the district court deeming an arbitrator's binding award of half the increase in value of the retirement savings...
Judge(s):
David F. Hamilton; Diane S. Sykes; and Michael S. Kanne
BAP for 9th Cir. reversed declaratory judgment of bankruptcy court (SD Cal.) ordering inter vivos trustee to turnover to chapter 7 trustee a portion of all future distributions to debtor, including...
Presented with a creditor (CR) seeking to avoid the discharge of debt allegedly caused by a nondebtor spouse's fraud, the BAP found that the CR's non-dischargeability complaint had been...
Judge(s):
Scott H. Gan; Christopher M. Klein; and Laura S. Taylor
