On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
The bankruptcy court did not err by: (i) approving the separate classification of administrative convenience claims where, among other things, there was already an impaired class that would vote in...
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
For a Section 506 valuation of collateral in connection with a Chapter 11 cram-down plan, a bankruptcy court has the flexibility to select a valuation date--the petition date, the confirmation...
Affirming, the Sixth Circuit BAP adopted the Sixth Circuit's chapter 13 standard for calculating debts for purposes of chapter 12 debt limits - reliance on the debtor's schedules, if they were...
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
The Ninth Circuit affirmed the District Court's affirmance of the Bankruptcy Court's confirmation of a cramdown joint plan filed by five related debtors.
Judge(s):
J. Clifford Wallace, Milan D. Smith and Michelle T. Friedland
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
The Fourth Circuit first reversed the dismissal of the appeal of the confirmation of a partial dirt-for-debt Ch. 11 plan on mootness grounds and then affirmed the Bankruptcy Court's confirmation...
Judge(s):
Judge Duncan authored the opinion, in which Judge Niemeyer and Judge Floyd joined.
