U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...
In an opinion affirming a contempt finding by the U.S. Bankruptcy Court for the Northern District of Illinois (BC) affirmed by the U.S. District Court for the Northern District of Illinois (DC),...
Judge(s):
Michael Y. Scudder; Thomas Kirsch; and Candace Jackson-Akiwumi
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Given that RFC's bankruptcy settlements were reasonable and entered into in good faith, the Eighth Circuit affirmed most of the judgment. The court agreed that the Client Guide granted RFC the...
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress.
In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
