A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...
Taxpayer/Debtor filed IRS forms 1040 and 1099 which contained data sufficient to show the taxpayer was liable for certain backup-withholding taxes. Those forms constituted a "return" that began the...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing chapter 13 case and adversary proceeding and denying as moot numerous motions of pro se debtor, including motion for...
The United States Court of Appeals for the Fifth Circuit (Circuit) affirmed the denial by the United States Bankruptcy Court for the Western District of Louisiana (BC), previously affirmed by the...
Judge(s):
Patrick E. Higginbotham; Jennifer W. Elrod; and Catharina Haynes
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's decision to award an administrative expense claim to the tenant of the individual chapter 7 debtor after the trustee had...
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
BAP for 10th Cir. affirmed ruling of bankruptcy court (WD Ok.), which entered judgment against chapter 7 debtor on avoidance claim and for denial of discharge. Totality of the circumstances...