A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S, Bankruptcy Court for the Southern District of California (BC) that reopened an adversary proceeding,...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Robert J. Faris
Limning factors relevant to a decision to reopen or reconsider, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the orders, issued by the U.S. Bankruptcy Court for the District...
Judge(s):
Robert E. Bacharach; Allison H. Eid; and Veronica S. Rossman
A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...
Judge(s):
Stephen A. Higginson; James L. Dennis; and Gregg J. Costa
In a per curiam opinion, like the United States District Court for the Middle District of Louisiana (DC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S....
Judge(s):
Edith H. Jones; Stephen A. Higginson; and Kyle S. Duncan
A chapter 7 debtor whose estate is insolvent lacks standing to object to any claim if the estate is insolvent because the debtor will not be affected by the outcome of the claims litigation.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) found a post-petition order of the U.S. District Court for the District of Nevada (DC) deeming a predecessor-in-interest to Censo LLC...
Judge(s):
William J. Lafferty III; Laura S. Taylor; and Robert J. Faris
The Ninth Circuit Bankruptcy Appellate Panel affirmed the the bankruptcy court's denial of a chapter 7 debtor's motion to convert her case to chapter 13 based on findings that she was ineligible to...
