The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's denial of a discharge under sections 727(a)(2)(A) and (a)(3) to an individual debtor for his failure to maintain books and...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal by the U.S. Bankruptcy Court for the Central District of California (BC) of a case opened by the filing of a...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgement of the U.S. Bankruptcy Court for the Southern District of California (BC), and related rulings regarding the...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
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