The attorney-client privilege was not waived by the sharing of documents with a consortium of banks having a common legal interest with appellants in the tax treatment of a refinancing and...
Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling:
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 7 months ago
Citation:
In re Pham, No. CC-14-1342-KiBrD (9th Cir. B.A.P. Sep. 2, 2015).
Ruling:
The bankruptcy court could not rely on three local bankruptcy rules of the Central District of California to impose discovery sanctions on nonparties and their lawyer.
Judge(s):
Ralph B. Kirscher and Randall L. Dunn, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation.
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 8 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 8 months ago
Citation:
13-2359 (7th Cir. August 10, 2015)
Ruling:
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the...
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling:
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is...
Judge(s):
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 9 months ago
Citation:
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling:
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other...
Judge(s):
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 9 months ago
Citation:
15 FED App 0003P (6th Cir.); Docket No. 14-8045
Ruling:
Reversing a bankruptcy court order refusing to extend the Rule 4007(c) deadline to object to discharge, the Sixth Circuit BAP remanded the case. The BAP relied on the fact that local counsel for...
