BAP for 8th Circuit affirmed ruling of bankruptcy court (ED Mo. - St. Louis) finding bifurcated fee charged by consumer debtor attorney was excessive for post-petition services where no...
In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...
Judge(s):
Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach
The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...
Judge(s):
Gibbons, Kethledge and Murphy; Opinion by Kethledge
The U.S. Bankruptcy appellate Panel of the Tenth Circuit (BAP) reversed the denial of two chapter 7 debtors’ exemption claim, pursuant to section 522 of the Code and New Mexico state law, in the...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...
Judge(s):
Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation
The bankruptcy court did not abuse its discretion in sanctioning the reorganized debtor's attorney for causing the reorganized debtor to make "reckless and frivolous" arguments regarding the effect...
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...
Judge(s):
Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson
BAP for 8th Circuit affirmed ruling of bankruptcy court (WD Missouri - KC) denying debtors' motions for (1) sanctions against attorney for creditor; (2) to alter or amend the order denying the...
