BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...
BAP for 9th Circuit dismissed appeal of chapter 7 debtor who objected to trustee's settlement with creditors. Debtor lacked standing to appeal the order approving settlement. Bankruptcy court...
The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
BAP for 9th Circuit affirmed rulings of bankruptcy court (CD Cal.) denying motion to sell property free and clear and dismissing chapter 11 case based on findings that debtor filed the petition in...
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
BAP for 9th Circuit affirmed ruling of the bankruptcy court (CD Cal.) granting chapter 7 trustee's motion to approve settlement of avoidance action against multiple parties, including debtor....
State courts have concurrent jurisdiction to interpret confirmed reorganization plans. Confirmed plans are new contracts between debtors and creditors whose claims are addressed in the plan....
Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
