BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
A creditor seeking to enforce an avoided lien needs to ensure that the lien does not otherwise expire during the course of the litigation or appeal. In this case, a judgment creditor whose lien had...
The plain meaning of section 405(h) of the Social Security Act did *not* bar a bankruptcy court from exercising jurisdiction over the debtor's claims under 28 USC 1334. The Fifth Circuit sided...
The Eleventh Circuit affirmed the district court's order upholding the bankruptcy court's decision to deny a claim of exemption under section 222.21, Florida Statutes, by a chapter 7 debtor with...
In an opinion designated as precedential only to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the Bankruptcy Court ruling that a landlord's claim for residential rent...
While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...
