Wells Fargo (WF), the panel held, did not suffer an uncompensated taking under the Constitution’s Takings Clause (TC). Below, WF had attacked a foreclosure sale by a homeowners’ association...
Judge(s):
Mary H. Murguia; Eric D. Miller; and George Caram Steeh III
Having previously treated Bankruptcy Rule 8002(a)(1)'s appellate deadline as jurisdictional, the Sixth Circuit here held it to be mandatory. The panel pointed to Supreme Court cases limning the...
Judge(s):
Jeffrey S. Sutton; Deborah L. Cook; and Helene N. White
Affirming an order forcibly converting a chapter 11 case to chapter 7, the Tenth Circuit held that the test for determining whether a debtor is a farmer under §101(2) concerns only the debtor’s...
(1)-Bankruptcy Court had the equitable power under Section 105 (a) to correct any error it may have made in changing the date for the first creditors' meeting after the case was transferred from...
Ninth Circuit affirmed District Court (D. Nev.) grant of summary judgment in favor of defendant. The COA held that a violation under the Fair Credit Report Act (FCRA), 15 U.S.C. Sec. 1681(a)(3)(A)...
Judge(s):
Richard A. Paez, Carlos T. Bea, Lynn S. Adelman (District Judge sitting by appointment)
The BAP affirmed the bankruptcy court’s denial of confirmation and decision to disallow vehicle operation expense over the value provided by the Local Standards set forth by the Internal Revenue...
The BAP affirmed the bankruptcy court award of postpetition interest, attorneys’ fees, and costs to the Bank. The BAP specified that the bankruptcy court's prior order which overruled the...
The BAP affirmed the bankruptcy court decision finding that the Debtor's state tax debts were nondischargeable under § 523(a)(1)(B), because notifying the California Franchise Tax Board (FTB) of...
A failure to report a change in a a taxpayer's federal income tax liability to the California Franchise Tax Board will render the state tax claim nondischargeable, because the required report is...
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Haw) sanctioning a pro se alleged creditor for filing frivolous complaints against the chapter 7 trustee. The BAP held...
