BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
In the 5th Circuit, bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official...
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
By summary judgment in favor of the FTC, individual defendant was responsible for debt collection practices of his businesses that violated the Federal Debt Collection Practices Act and the FTCA...
