11 U.S.C. § 363(m) made the individual debtors' appeal of a sale of property statutorily moot when the debtors failed to post a supersedeas bond and the sale was consummated.
In dictum, the...
When considering a motion to reopen a case, a bankruptcy court should ordinarily not address the merit of any disputes underlying the motion, but may decline to reopen where the undisputed facts...
The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
More than two decades after the shareholders of NationsBank and BankAmerica first filed securities law class actions after these two merged to form Bank of America Corp. (1999) and nearly two...
Judge(s):
James B. Loken; Jane L. Kelly; and Ralph P. Erickson
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion...
In an opinion disposing of two appeals by one creditor, Hadi Zeghuzi (CR), of the Sunny Hills Aquatic Club (DR), the debtor - one of an order issued by the bankruptcy court (BC) sustaining the DR's...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
A bankruptcy court did not commit error when it (i) found a debtor who, among other things, concealed assets in a bankruptcy was not credible and (ii) allowed a claim for unpaid equalizing capital...
