The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...
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
Affirming the lower court’s grant of summary judgment to the Pension Benefit Guaranty Corp. (PBGC), the U.S. Court of Appeals for the Sixth Circuit (Circuit) held that the termination of a...
Judge(s):
Eugene E. Siler Jr.; Julia S. Gibbons; and John B. Nalbandian
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...
The BAP affirmed the bankruptcy court (D. Neb.) in full in that cause existed to modify the automatic stay, because the Debtor was in default under the plan.
The BAP agreed with the bankruptcy...
As to whether § 1232 allows a Chapter 12 plan to compel a taxing authority to disgorge pre-petition withholdings, the Bankruptcy Appellate Panel for the Eighth Circuit (BAP) held that this...
Judge(s):
Barry S. Schermer (Author); Charles L. Nail, Jr.; and Dennis R. Dow
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
