First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditors following debtors' claims alleging breach of confirmed chapter 11...
A statement made by an attorney in court is not sufficient for the court to impose sanctions for attorney misconduct unless the court finds, by clear and convincing evidence, that the statement was...
The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
The Bankruptcy Appellate Panel for the Sixth Circuit affirmed in part and reversed in part the bankruptcy court (N.D. Ohio)'s discharge violation finding. Failure to require a contempt proceeding...
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
The Sixth Circuit determined that the necessity of available and functional bankruptcy relief is generally superior to the necessity of Federal Energy Regulatory Commission's having complete or...
Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
Judge(s):
Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
