The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgement of the U.S. Bankruptcy Court for the Southern District of California (BC), and related rulings regarding the...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S, Bankruptcy Court for the Southern District of California (BC) that reopened an adversary proceeding,...
Judge(s):
Julia W. Brand; Gary A. Spraker; and Robert J. Faris
The attorney for a debtor, and the debtor's former management, do not have standing to appeal an order converting a Chapter 11 to a Chapter 7 case. In re C.W. Mining Co., 636 F.3d 1257 (10th Cir....
Finding that the U.S. Bankruptcy Court for the Southern District of Ohio (BC) did not abuse its discretion in denying the motion for reconsideration filed by one creditor, Penn Line Service, Inc....
Judge(s):
Suzanne H. Bauknight; James L. Croom; and Alan C. Stout
Settlement agreement involving release of the Trustee's claims against a prior owner, and a sale of claims to that prior owner's company to pursue claims against a different insider group, was...
Limning factors relevant to a decision to reopen or reconsider, the U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the orders, issued by the U.S. Bankruptcy Court for the District...
Judge(s):
Robert E. Bacharach; Allison H. Eid; and Veronica S. Rossman
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) overruling creditor's objection to chapter 11 debtor's subchapter V election. Bankruptcy court's ruling that burden was on creditor to...
Publishing so as to explain the role of a bankruptcy court to set the commitment period during which a debtor must pay its projected disposable income or its value in a subchapter V case, the U.S....
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
The Ninth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's sanctions award against an attorney for the chapter 7 debtor company and its non-debtor principal based on the...
