The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
Judge(s):
FARIS, SPRAKER, and BASON (sitting by designation)
The district court’s ruling on Defendant’s Motion for Summary Judgment was reversed and remanded due to the Seventh Circuit finding that Plaintiff proffered considerable evidence that a trier...
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld,
23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction. Under Pennsylvania law, tenants by the entirety legally are treated as one person, and...
Judge(s):
Geenaway, Jr., Krause, Circuit Judges, and Jones, District Judge sitting by designation.
An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...
9th Cir. reversed district court (D. Or.), which had affirmed bankruptcy court ruling granting chapter 11 debtor's motion to designate claims for bad faith and preclude the claims from being voted...
