The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court abused its discretion in issuing monetary sanctions sua sponte to chapter 13 debtors' counsel due to counsel's...
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...
Judge(s):
Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman
The Ninth Circuit Bankruptcy Appellate Panel affirmed the denial of the serial debtor's chapter 13 plan and dismissal of the case with a 2-year ban on filing a bankruptcy petition.
Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...
The Sixth Circuit affirmed an order of the bankruptcy court, holding that several mortgage lenders had standing to appeal but failed to meet the person-aggrieved test because they lacked a direct...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
A mortgage lien survives confirmation and consummation of a chapter 13 plan, notwithstanding anything to the contrary in the plan. Sidestepping the problem created by the confirmation of a plan...
Judge(s):
ROSENBAUM and TJOFLAT, Circuit Judges, and MOODY, District Judge
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court's dismissal of tort claims under Kentucky law against Wells Fargo Bank, N.A. related to its wrongful denial of requests for...
