First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...
Judge(s):
Harrison, Opperman and Wise, Bankruptcy Appellate Judges.
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
The Ninth Circuit affirmed the District Court's affirmance of the Bankruptcy Court's confirmation of a cramdown joint plan filed by five related debtors.
Judge(s):
J. Clifford Wallace, Milan D. Smith and Michelle T. Friedland
The Seventh Circuit Court of Appeals affirmed the district court’s ruling, finding the district court did not commit any reversible errors regarding the six main issues on appeal.
Judge(s):
Manion and Kanne, Circuit Judges, and Miller, District Judge, sitting by designation
In an opinion decided by quorum due to Judge Posner's retirement, the Court found that the plain language of the subject lease permitted the City to retain structures and improvements on City...
