The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
The Rooker-Feldman doctrine prevents a federal bankruptcy court from reviewing a state court's decision that a debt owed to a casino was not discharged in an individual debtor's chapter 7 case. ...
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment to Hyundai Steel Company (Hyundai) by the U.S. Bankruptcy Court
for the Central District of...
Judge(s):
Frederick P. Corbit; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...
Judge(s):
Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman
Applying a circuit rule--that a contempt order that contemplates imposing attorneys’ fees as a contempt sanction but does not specify the amount of any award is not a final, appealable order; the...
Judge(s):
Robin S. Rosenbaum; Elizabeth L. Branch; and Andrew L. Brasher
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit discerned no error in the orders of the U.S. Bankruptcy Court for the District of Oregon (BC) overruling the objections of Rita K....
Judge(s):
Frederick P. Corbit; Robert J. Faris; and Julia W. Brand
United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...
In this challenge by Kenneth Pettine (DR), a chapter 7 debtor, of the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) granting the motion by a trustee (TR) for a charging...
Judge(s):
Robert H. Jacobvitz; Dale L. Somers; and Janice Loyd
The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...
