Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
In this appeal by Swarnjit Singh Sahni (CR), a creditor, of the order confirming the first amended chapter 13 plan (Plan), as filed by Yoshihiro Tajima and Tomoko Nakajima (DRs), by the U.S....
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Scott H. Gan
In an appeal by a chapter 11 debtor of a bankruptcy court’s judgment for it and against three persons and denial of motion to amend, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP)...
Judge(s):
Laura S. Taylor; William J. Lafferty III; and Julia W. Brand
A question remains whether the set-off that Oriental Bank asserts here is senior to the secured interest that MAPFRE has in the same collateral under Puerto Rico law, as well as the fact-laden...
The bankruptcy court abused its discretion by refusing to allow a claim to be amended after the claims bar date where the debtor failed to show that allowing the amendment would cause undue...
In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
The U.S. Court of Appeals for the Eighth Circuit (Circuit) reversed the grant of summary judgment by the bankruptcy court (BC), later affirmed by a bankruptcy appellate panel, in favor of Jay and...
Judge(s):
Lavenski R. Smith; Raymond W. Gruender; and Jonathan A. Kobes
A federal court may not use state fee-shifting statutes to award a prevailing party attorney's fees in a diversity action. Such statutes are procedural and conflict with federal procedure governing...
A contract to sell real property is no longer executory, regardless of what performance has not been completed, if a state court has entered an order compelling specific performance. Because a...
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
