Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 2 weeks ago
Citation:
15 FED App. 0002P; Docket Nos. 13-8054; 14-8018
Ruling:
The Bankruptcy Appellate Panel (BAP) affirms the Bankruptcy Court for the Northern District of Ohio, which a) imposed sanctions of $207,004 against a creditor's counsel; b) denied a motion to...
Judge(s):
Harrison, Humphrey and Preston; opinion by Humphrey
Summarized by G. Warner , St. John's University School of Law
11 years 3 weeks ago
Citation:
No. 14-1144 (2d Cir.) (Feb. 5, 2015)
Ruling:
Although the trustee is required to administer the debtor corporation's ERISA plan under 11 U.S.C. 704(a)(11), the bankruptcy court lacks jurisdiction to award compensation from the assets of the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 weeks ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...
Judge(s):
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
Dismissal of a bankruptcy case does not divest the bankruptcy court Rather, a bankruptcy court retains ancillary jurisdiction to “tie up loose ends,” such as to rule on an application for...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 months ago
Citation:
Abonal v. U.S.A. Trustee (In re Jackson, Jr.), 9th Cir. B.A.P, CC-14-1091-DKiTa ( November 3, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court, sanctioning appellant, Moses Abonal, Moses F. Abonal and his business, Abonal...
In an unpublished opinion, the 9th Circuit BAP affirmed the imposition of asanction of the partial disgorgement of the fees of a Chapter 7 debtor's counsel for failure to list a known debt on the...
