The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Utah (DC) that itself affirmed the denial of a motion to extend time to...
Judge(s):
Harris L. Hartz; Robert E. Bacharach; and Nancy Moritz
The Fifth Circuit affirmed the district court's ruling that a debtor in possession had prudential standing to contest the creditor's §506(b) motion. Also, the Fifth Circuit upheld the district...
Judge(s):
Judge Patrick E. Higginbotham, Judge Stuart Kyle Duncan, and Judge Kurt D. Engelhardt
The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the...
The bankruptcy court properly approved a compromise between the Chapter 7 trustee and a creditor. The bankruptcy court is not required to make extensive or detailed findings of fact before...
As had the U.S. District Court for the Western District of Arkansas (DC), the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the order, issued by the U.S. Bankruptcy Court for the...
Judge(s):
James B. Loken; Morris S. Arnold; and Jonathan A. Kobes
The bankruptcy court did not abuse its discretion by admitting evidence of the state court's judgment as preclusive in an adversary proceeding nor commit clear error by finding that such evidence...
This decision has no precedential value. The BAP affirmed the Bankruptcy court's holding that the Debtor could not claim the California automatic homestead exemption on property she did not...
In a per curiam opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) found William Paul Burch (Debtor) to have raised no nonfrivolous issues on appeal and thus denied his motion to...
Judge(s):
Patrick E. Higginbotham; S. Kyle Duncan; and Charles R. Wilson
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...
Judge(s):
Robert J. Faris; William J. Lafferty; and Julia W. Brand
