The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's orders dismissing a chapter 11 case pursuant to 11 U.S.C. § 1112(b) and denying a creditor's pending motions...
U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment by the U.S. Bankruptcy Court for the Central District of California (BC), declaring that the...
Judge(s):
Gary A. Spraker; Frederick P. Corbit; and William J. Lafferty III
The 9th Circuit BAP ruled that a failure to submit the statement required under Bankruptcy Rule 1003(a), is not jurisdictional. Because the Appellee did not raise such defect in a timely manner,...
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...
In an opinion affirming a contempt finding by the U.S. Bankruptcy Court for the Northern District of Illinois (BC) affirmed by the U.S. District Court for the Northern District of Illinois (DC),...
Judge(s):
Michael Y. Scudder; Thomas Kirsch; and Candace Jackson-Akiwumi
A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...
The Seventh Circuit affirmed the award of more than $9.5M in damages to third party TRG Venture Two LLC (“TRG”) caused by creditor Fidelity and Deposit Company’s (“Fidelity”) pursuit of...
Judge(s):
Scudder (opinion author), Kirsch, and Jackson-Akiwumi
Tracing equity receivership principles back to the High Court of Chancery in England in the 18th century, the Sixth Circuit held a district court in a receivership case erred by approving a...
Given that RFC's bankruptcy settlements were reasonable and entered into in good faith, the Eighth Circuit affirmed most of the judgment. The court agreed that the Client Guide granted RFC the...
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress.
In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
