BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...
On the record before the Court, the Court was not left with a "firm and definite conviction" that the Bankruptcy Court erred in its denial of the homestead exemption.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
An individual who files a chapter 11 case does not have an absolute right under § 1112(a) to convert her bankruptcy case to a chapter 7 proceeding. Section 1112(a) of the Bankruptcy Code is...
A creditor or debt collector who violates the bankruptcy discharge, the Fair Debt Collection Practices Act ("FDCPA"), and the Telephone Consumer Protection Act ("TCPA") was not entitled to have its...
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Robert J. Faris
The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...
Judge(s):
Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson
BAP for 9th Circuit affirmed bankruptcy court (CD Cal.) denial of defendant's motion to strike plaintiff's notice of dismissal of adversary. Debtor failed to demonstrate any error by bankruptcy...
The BAP affirmed the bankruptcy court's decision to dismiss the Plaintiffs' complaint without leave to amend reasoning that the complaint failed to allege plausible facts to support any claim made...
