The Ninth Circuit Bankruptcy Appellate Panel affirmed in part and reversed in part the award of attorneys' fees and costs to debtors for the violation of the automatic stay by a creditor. The BAP...
A state court that granted summary judgment improperly excluded evidence that would be sufficient to change the outcome of the summary judgment motion. The state court's evidentiary rulings are...
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
The Court of Appeals for the Eleventh Circuit (COA) affirmed the U.S. District Court’s decision to deny the motion to dismiss for lack of personal jurisdiction. However, the COA reversed the...
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
BAP for 8th Cir. affirmed in part and reversed in part ruling of bankruptcy court (D. ND - Fargo) disallowing claim due to lack of standing, untimeliness, and laches. Notwithstanding long period...
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...
When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
