Applying the plain meaning to the court-approved contingency fee agreement, the Court REVERSED, in part, concluding that certain categories of "damages" awarded by an Arbitrator should have been...
A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...
Judge(s):
Stephen A. Higginson; James L. Dennis; and Gregg J. Costa
In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...
Judge(s):
Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. Nev.) overruling chapter 7 trustee's objection to unsecured claim. Indian Tribe held valid sales tax claim...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP): (1) affirmed the denial by the U.S. Bankruptcy Court for the Central District of California (BC) of a motion to reopen a dormant case...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
The difference in Chapter 11 quarterly fees collected in UST versus Bankruptcy Administrator (BA) districts following the Bankruptcy Judgeship Act of 2017 did not violate the uniformity requirement...
A judgment entered by a Utah state court as a sanction for producing fraudulent documents in discovery may have preclusive effect on the issue of fraud in subsequent 11 U.S.C. § 523(a)(2)(A) and...
Judge(s):
CROOM, GUSTAFSON, and PRICE SMITH, Bankruptcy Appellate Panel Judges
Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
The BAP affirmed the bankruptcy court's ruling that the Debtor held legal title to the Property on the Petition Date, the deed recording violated the automatic stay, the denial of the stay...
