Affirming the district court’s reversal of the decision of the bankruptcy court (BC), the U.S. Court of Appeals for the Fifth Circuit (Circuit) held that a debtor (DR) with two...
Judge(s):
Priscilla R. Owen; Jacques L. Wiener Jr.; and James L. Dennis
The Ninth Circuit Bankruptcy Appellate Panel affirmed in part and reversed in part the award of attorneys' fees and costs to debtors for the violation of the automatic stay by a creditor. The BAP...
Pursuant to 28 U.S.C. § 1291, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court for the District of Utah (BC), itself previously confirmed...
Judge(s):
Carlos F. Lucero; Jerome A. Holmes; and Allison H. Eid
The U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit) affirmed the grant by the U.S. Bankruptcy Court for the Eastern District of Michigan (BC), itself blessed by the U.S. District Court...
Judge(s):
R. Guy Cole Jr.; Bernice B. Donald; and Chad A. Readler
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing chapter 13 case and adversary proceeding and denying as moot numerous motions of pro se debtor, including motion for...
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Without referring to the Rooker-Feldman doctrine or any type of preclusion doctrine, the Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that a state court judgment, which held...
