Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the ruling of the U.S. Bankruptcy Court for the Central District of California (BC) that found no bankruptcy court jurisdiction...
Judge(s):
William J. Lafferty III; Gary A. Spraker; and Laura S. Taylor
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
In an appeal by a chapter 11 debtor of a bankruptcy court’s judgment for it and against three persons and denial of motion to amend, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP)...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
A question remains whether the set-off that Oriental Bank asserts here is senior to the secured interest that MAPFRE has in the same collateral under Puerto Rico law, as well as the fact-laden...
Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...
Judge(s):
Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder
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
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Laura S. Taylor
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
