The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the...
As had the U.S. District Court for the Western District of Arkansas (DC), the U.S. Court of Appeals for the Eighth Circuit (Circuit) affirmed the order, issued by the U.S. Bankruptcy Court for the...
Judge(s):
James B. Loken; Morris S. Arnold; and Jonathan A. Kobes
The BAP for the 8th Circuit affirmed the bankruptcy court (D. Minn.) which denied the Debtor’s 27 motions, including requests to reopen the bankruptcy case, review prior rulings, and revisit the...
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Appellants failed to raise § 502(e) in bankruptcy court and thus waived the issue on appeal. BAP found that § 502(e) did not apply because the Estate no longer had a co-obligation with a...
Judge(s):
Hon. Laura S. Taylor; Hon. Gary A. Spraker; Hon. Scott H. Gan
The Bankruptcy Appellate Panel of the Ninth Circuit upheld a bankruptcy court's post-trial judgment excepting a $514,245 debt from the chapter 7 debtor/appellant's discharge under 11 USC §...
The Ninth Circuit Bankruptcy Appellate Panel (BAP) upheld the bankruptcy court's decision overruling the debtor's objection to the claim of the debtor's brother based on both a factual finding that...
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
The Bankruptcy Appellate Panel of the Ninth Circuit dismissed an appeal of a bankruptcy court's order denying a creditor's motion to convert the debtors' chapter 11 cases to chapter 7 or,...
The U.S. Court of Appeals for the Fifth Circuit held that, while 11 U.S.C. § 502(b)(2) disallowed a contractual make-whole payment to noteholder-creditors as unmatured interest or its economic...
