U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
The U.S. Court of Appeals for the Sixth Circuit concluded that a bankruptcy court did not abuse its discretion in declining to exercise residual jurisdiction over claims alleged in an adversary...
The Ninth Circuit's Bankruptcy Appellate Panel held the bankruptcy court properly dismissed with prejudice a judgment creditor's claim to except a debt from the debtors' discharge based on...
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Appeal dismissed for lack of subject matter jurisdiction because the order was not final because the bankruptcy court had not ruled on a remaining claim. The parties' post-appeal stipulation...
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress.
In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
