America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
The panel affirmed the bankruptcy court's allowance and authorization to pay pro rata the final fees and costs of the estate's professionals over the objection of the Debtor in various stages of...
Judge(s):
Honorable Judges Randall Dunn, Ralph Kirscher and Laura Taylor.
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling:
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
11 years 11 months ago
Citation:
Gallagher v. Dockery (In re Gallagher), Case No. CC-13-1368-TaKuPa (9th Cir. B.A.P., March 17, 2014) (unpublished)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel reversed the order of the bankruptcy court granting the Chapter 13 trustee's request for return of refunded plan payments made to debtors after debtors'...
Brosio v. Deutsche Bank National Trust Company (In re Brosio), BAP No. NC-13-1119-KiDJu (B.A.P. 9th Cir. Mar. 7, 2014)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in determining that debtor was not the "prevailing party" within the...
Vacated and remanded, to give Appellant opportunity to meaningfully and timely respond to the court's concerns as to the reasonableness of the requested fees.
