The Sixth Circuit Bankruptcy Appellate Panel (BAP) denied a motion for leave to appeal an interlocutory ruling overruling an objection to employment of debtors' counsel. The BAP held the appeal...
Finding no error and hence no abuse of discretion, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Oregon (BC) awarding...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed an award of nearly $90,000 in fees and costs by the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Gary A. Spraker
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP): (1) affirmed the denial by the U.S. Bankruptcy Court for the Central District of California (BC) of a motion to reopen a dormant case...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
Bankruptcy court's decision awarding attorney fees to attorney that represented trustee reversed and remanded for further proceedings consistent with the opinion.
More than two decades after the shareholders of NationsBank and BankAmerica first filed securities law class actions after these two merged to form Bank of America Corp. (1999) and nearly two...
Judge(s):
James B. Loken; Jane L. Kelly; and Ralph P. Erickson
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...
Judge(s):
Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges
BAP for 8th Circuit affirmed ruling of bankruptcy court (ED Mo. - St. Louis) finding bifurcated fee charged by consumer debtor attorney was excessive for post-petition services where no...
The Tenth Circuit’s Bankruptcy Appellate Panel (BAP) held that the 1881 Barton doctrine, designed, at least in the Tenth Circuit, to ensure other courts do not intervene in an estate’s...
Judge(s):
Michael E. Romero; Dale L. Somers; and Cathleen D. Parker
