Hearing consolidated appeals arising from two chapter 13 cases that presented solely legal issues, with one dissent, the Bankruptcy Appellate Panel of the Sixth Circuit (BAP) reversed the...
Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it found that Appellee’s...
Judge(s):
Hon. Scott H. Gann; Hon. Julia W. Brand; Hon. Gary A. Spraker (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Joseph M. Meier (Chief Bankruptcy Judge for the District of Idaho)
Finding no error and hence no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Oregon (BC) awarding...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decisions of the U.S. Bankruptcy Court for the Northern District of California (BC): (1) denying motions for a case's...
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that two chapter 7 debtors in a joint case -...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Laura S. Taylor;
The bankruptcy court correctly ruled that it did not have jurisdiction over a former debtor's claims relating to fees owed by the debtor who, as a prisoner, filed petitions in forma pauperis. Under...
The Sixth Circuit B.A.P. affirmed the bankruptcy court's summary judgment order declaring debt to be nondischargeable on the basis of embezzlement and/or larceny. The Court held that although both...
The U.S Court of Appeals for the Fifth Circuit: (1) affirmed financial sanctions ordered by the bankruptcy court and ratified by the district court on doctors who asserted causes of action placed...
Judge(s):
Jerry E. Smith; Patrick E. Higginbotham; and James C. Ho
A debtor who, on the petition date, lives in property for which the debtor has filed a homestead declaration and has stated an intent to continue living, is presumed to be able to declare a...
