BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion...
Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
The Chapter 7 debtor had no standing to appeal a bankruptcy court order overruling his objection to a secured creditor's proof of claim for deficiency following foreclosure. In order to have...
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
The 11th Circuit held that the bankruptcy court's determination of parties' rights under a series of state court judgments and orders did not violate the Rooker-Feldman doctrine and the doctrine of...
Judge(s):
William Pryor, Chief Judge, Jordan and Marcus, Circuit Judges
The Ninth Circuit Bankruptcy Appellate Panel upheld the bankruptcy court's findings that the debtor had defamed creditor and that the defamation constituted willful and malicious injury under...
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
