BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
State court fraud judgment was entitled to preclusive effect in subsequent nondischargeability action under Section 523(a)(2)(A). Bankruptcy court's grant of summary judgment in favor of plaintiff...
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Tenth Circuit affirmed ruling of U.S. District Court (D. Wyo.), which affirmed rulings and reversed rulings of bankruptcy court. Notwithstanding post-confirmation closing of chapter 11 case,...
In affirming the bankruptcy court and the district court, the Eleventh Circuit held that a chapter 13 debtor's plan did not discharge the credit union's mortgage at the conclusion of her plan...
Judge(s):
Jill Pryor and Julie Carnes, Circuit Judges, and Conway, District Judge
Section 363(c)(3)(A) terminates the entire stay thirty days after the filing of a second petition-- as to the actions against the Debtor, the debtor's property, and property of the bankruptcy...
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
The Third Circuit Court of Appeals affirmed the orders of the Bankruptcy Court and District Court, finding, in part, that the Bankruptcy Court lacked jurisdiction to transfer the trustee’s...
Judicial estoppel precluded debtor from pursuing (on behalf of the United States) False Claims Act retaliatory claims against the Tangipahoa Parish School Board, even though the action arose after...
