The BAP for the 9th Circuit affirmed the bankruptcy court (Bankr. D. Nev.) which granted the Debtor’s motion for voluntary dismissal pursuant to 11 U.S.C. § 1307(b). The BAP held that a Chapter...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Robert J. Faris
The decision has no precedential value and is not recommended for publication. The B.A.P. for the Ninth Circuit ruled that the bankruptcy court for the District of Arizona did not abuse its...
Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
An unambiguous loan modification agreement, signed by the husband and wife that jointly own the real estate, may modify a mortgage signed by the husband as owner of the real estate and the wife...
A creditor (not an investor) does not have standing to sue another creditor for aiding and abetting a fraud perpetrated by a Chapter 7 debtor if the estate could assert the claim. Such a claim, a...
The BAP for the 6th Circuit affirmed the bankruptcy court (W.D. Tenn.) which granted in part and denied in part the Debtor’s motion for contempt. The BAP ruled that the bankruptcy court did not...
Attorney moved from a law firm representing one party in a bankruptcy dispute to the firm representing the opposing party. The ABA's Model Rules of Professional Conduct impute the attorney's...
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
