Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed Bankruptcy Court's decision that found indirect equity owner of Debtor in contempt for pursuing claims in his own name in state court under...
Judge(s):
BAP Judges Delk, Harrison and Opperman (Chief- wrote opinion)
Concerning Chapter 7 trustee fees, the Fifth Circuit rejected the rule that Section 326 is merely a statutory cap on fees that may be awarded to chapter 7 trustees. Instead, the Court held that...
Lower Court's affirmed. Appellant is not entitled to attorneys' fees because it was not a "prevailing party" as required under the applicable documents.
The Sixth Circuit reverses the imposition of sanctions by the bankruptcy court under Rule 9011 and 28 USC Sec. 1927 (but affirms the BAP), holding that Grusin did not file the debtors petition,...
Bankruptcy court's rulings on issue preclusion, nondischargeability under 523(a)(2)(A), and fees and interest were affirmed in part and vacated and remanded in part.
Third Circuit affirmed the dismissal by the District Court of a malpractice lawsuit brought by plaintiffs against their former chapter 11 bankruptcy attorney, on grounds that the lawsuit was barred...
The Sixth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court's contempt finding and remanded for determination of amount of sanctions to be awarded. The Panel affirmed the Bankruptcy...
Appellant's counsel's motion for reconsideration of Appellate Commissioner's orders awarding attorneys' fees and costs under Fed. Rule App. Proc. 38 and 28 USC 1927 denied.
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
