The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...
Judge(s):
Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook
BAP for 8th Circuit affirmed ruling of bankruptcy court (ED Mo. - St. Louis) finding bifurcated fee charged by consumer debtor attorney was excessive for post-petition services where no...
Under Hitt v. Glass (In re Glass), 164 B.R. 759, 765 (9th Cir. BAP 1994), aff’d, 60 F.3d 565 (9th Cir. 1995), a trustee may defeat a debtor's exemption on property released from a lien or...
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...
The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) order converted debtors' chapter 13 case to chapter 7. Debtors' attempts to misrepresent interest in non-residential property, including...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...
Judge(s):
Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation
Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...
Judge(s):
Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges
