The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Laura S. Taylor; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...
Judge(s):
Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook
In line with the decision of its Bankruptcy Appellate Panel (BAP), which had dismissed the appeal of Frank McIntyre (DR), due to a lack of jurisdiction, the U.S. Court of Appeals for the Tenth...
Judge(s):
Harris L. Hartz; Mary B. Briscoe; and Robert E. Bacharach
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
Where a decision whether to allow or disallow a claim could have preclusive effect in future litigation, an appeal of that decision is not moot despite the administrative bankruptcy case having...
Judge(s):
Honorable Lafferty, Faris, and Taylor, Bankruptcy Judges
The bankruptcy court had jurisdiction over the State of California and a California commission (the "California Parties") to determine whether the California Parties owed funds to the...
Affirming the Bankruptcy Appellate Panel (BAP), the U.S. Court of Appeals for the Tenth Circuit held: (1) the one-time distribution of assets of two spendthrift trusts (Trsts) for which the debtor...
Judge(s):
Stephanie K. Seymour; Jane L. Kelly; and Scott M. Matheson Jr.
The doctrine of derivative jurisdiction does not apply to removed cases where the state court lacked personal jurisdiction over the defendants. Under the doctrine, jurisdiction of the federal court...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that claim and issue preclusion barred...
Judge(s):
Laura S. Taylor; Scott H. Gan; and Christopher M. Klein
