The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
The U.S. Court of Appeals for the Tenth Circuit held a bankruptcy court did not err in concluding a debtor, who operated a property rental business, could not exempt real property from the...
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...
A debtor is not entitled to recover attorneys fees from the United States Trustee's Office (UST) under the Equal Access to Justice Act (EAJA) when the UST withdraws a motion to dismiss the...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court abused its discretion in issuing monetary sanctions sua sponte to chapter 13 debtors' counsel due to counsel's...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in (a) vacating an order awarding attorney fees to a chapter 7 trustee representing...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court properly granted a motion to clarify or amend a prior order granting stay relief when the debtor's spouse, at a...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment to Hyundai Steel Company (Hyundai) by the U.S. Bankruptcy Court
for the Central District of...
Judge(s):
Frederick P. Corbit; Robert J. Faris; and William J. Lafferty III
Applying a circuit rule--that a contempt order that contemplates imposing attorneys’ fees as a contempt sanction but does not specify the amount of any award is not a final, appealable order; the...
Judge(s):
Robin S. Rosenbaum; Elizabeth L. Branch; and Andrew L. Brasher
