Bankruptcy Appellate Panel affirms denial of a discharge to a debtor under Section 727(a)(4)(A) who: (i) failed to list an entity or an interest in the entity on his schedules (which entity owned...
1) A bankruptcy court cannot alter the "chapter 13 bargain" by confirming a modification to a debtor's chapter 13 plan, over the debtor's objection, that captures the appreciation to a debtor's...
Judge(s):
FARIS, BRAND, and HERCHER (the Honorable David W. Hercher, U.S. Bankruptcy Judge for the District ofOregon, sitting by designation)
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
The district court properly dismissed the plaintiff-appellant's appeal of the bankruptcy court's dismissal of the plaintiff's dischargeability complaint due to the plaintiff-appellant's failure to...
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...
Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Before dismissing an involuntary bankruptcy petition based solely on an inadequate number of petitioning creditors, the bankruptcy court must ensure that the debtor's creditors are given notice of...
