The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) found no abuse of discretion in the "common-sense" decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to order...
Judge(s):
Terrence L. Michael; Cathleen D. Parker; and William T. Thurman
Concluding that the law of the state of a debtor's prepetition domicile governs an exemption claim, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) reversed the decision of the U.S....
Judge(s):
Cathleen D. Parker; Terrence L. Michael; and William T. Thurman
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
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) affirmed the decisions of the U.S. Bankruptcy Court for the District of Nevada (BC) to: (1) dismiss with prejudice the adversary...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
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
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) held that Roth Individual Retirement Accounts (Roth IRAs), like customary Individual Retirement Accounts (IRAs) and 401(k) accounts, are...
Judge(s):
Charles R. Wilson; Barbara Lagoa; and Edward E. Carnes
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) both denied the motion to certify whether 5200 Enterprises Limited (Enterprises or DR) had stated a claim for continuing trespass under...
Judge(s):
Kevin C. Newsom; Adalberto J. Jordan; and Edward E. Carnes
