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...
The 9th Circuit reversed the district court’s dismissal for lack of standing of an appeal from a bankruptcy court order that authorized a Chapter 7 trustee to assume an executory contract, where...
Judge(s):
A. Wallace Tashima and Marsha S. Berzon, Circuit Judges, and Matthew F. Kennelly, District Judge
The bankruptcy court did not have subject matter jurisdiction over a dispute between the liquidating trustee for a bankruptcy estate and a third party which claimed ownership of property formerly...
District Court ruling vacated and remanded in light of changed circumstances. Specifically, remanded for district court to consider whether dismissal of an individual's confirmed chapter 11...
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
1. The commencement of a bankruptcy case by the owner of a maritime vessel, and the plaintiff's failure to verify an amended complaint, do not divest the district court of its exclusive in rem...
Judge(s):
Raymond C. Fisher, Richard A. Paez, and Jacqueline H. Nguyen
