The Fifth Circuit reversed the District Court, vacated the order of dismissal and remanded to the Bankruptcy Court because the evidence was insufficient to warrant dismissal for abuse of judicial...
Judge(s):
Hon. Emilio M. Garza, Hon. W. Eugene Davis and Hon. James L. Dennis
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not abuse its discretion in awarding debtor only $10.82...
Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.), BAP No. EC-12-1648 (B.A.P. 9th Cir. Dec. 17, 2013)
Ruling:
Ninth Circuit BAP affirmed bankruptcy court's (E.D. California) order denying compensation to attorney for services rendered to Chapter 11 debtor and requiring disgorgement of all funds received. ...
Reversed and Remanded the order disgorging two properties transferred from Debtor to Debtor's counsel and held that while the Bankruptcy Code seeks to protect debtors and their estates from...
In re Atayde, 2013 WL 6439712 (9th Cir. BAP (Cal.))
Ruling:
The United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the holding of the United States District Court for the Central District of California, finding the lower court did not...
Judge(s):
Honorable Judge Charles E. Rendlen III and Honorable Maureen Tighe
Groth Brothers Oldsmobile, Inc. v. Kendall et al. (In re Groth Brothers Oldsmobile, Inc.), Case No. NC-12-1482-DJuPa (9th Cir. B.A.P. Oct. 3, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the "Panel") affirmed the holding of the United States Bankruptcy Court for the Northern District of California (the...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 5 months ago
Citation:
BAP Nos. 12-1643 and 13-1049 (9th Cir. BAP 2013)
Ruling:
BAP affirmed bankruptcy court imposition of sanctions against debtor's former counsel, including award of attorney fees to debtor's new counsel of approximately $45,000; suspension from filing new...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 7 months ago
Citation:
B.A.P. No. CC-12-1642 (9th Cir. B.A.P, July 3, 2013) (Not for Publication)
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the orders of the Bankruptcy Court for the Central District of California requiring the debtor's Chapter 11...
BAP No. CC-13-1042-PaDKi (B.A.P. 9th Cir. July 3, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order denying creditor-plaintiff's request for attorney's fees in connection with an adversary proceeding and...
Summarized by Deborah Crowder , U.S. Bankruptcy Court, Western District of North Carolina
12 years 12 months ago
Citation:
Randle v. H&P Capital, Inc., No. 10-2258 (4th Cir. March 5, 2013) (unpublished)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's award of Plaintiff's attorneys fees. The District Court has broad discretion to award attorney's fees, and is...
Judge(s):
Judge Diana Gribbon Motz, Judge Robert B. King, and Judge James A. Wynn, Jr.
