Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
9th Cir. certified question for California Supreme Court regarding conflicting presumptions in real property ownership related to community property and title in deed. Community property...
