The Ninth Circuit Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's entry of summary judgment in favor of plaintiff's section 523(a)(6) claim against the debtor defendant...
Affirming the U.S. Bankruptcy Court for the Northern District of California (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no error in its avoidance of the judicial...
Affirming the denial of the motion to compel abandonment of the estate's interest in her home by Machele Goetz (Goetz) by the U.S. Bankruptcy Court for the Western District of Missouri (BC), the...
Judge(s):
Shon Hastings; Michael E. Ridgway; and Anita L. Shodeen
The bankruptcy court properly granted the defendants' motion to dismiss a complaint under Rule 12(b)(6) because the debtor/plaintiff had participated with the defendants in the illegal conduct that...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of California (BC) denying a creditor's motion for ...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Middle District of Tennessee (DC) dismissing, pursuant to Federal Rule of Civil...
Judge(s):
Stephanie D. Davis; Jeffrey Sutton; and Joan Larsen
Like the U.S. District Court for the Northern District of Illinois (DC), the U.S. Court of Appeals for the Seventh Circuit concluded that Kenneth Pucillo (Pucillo) lacked Article III standing to...
Judge(s):
Michael B. Brennan; Thomas Kirsch; and John Z. Lee
Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
The Ninth Circuit Bankruptcy Appellate Panel affirmed the denial of the serial debtor's chapter 13 plan and dismissal of the case with a 2-year ban on filing a bankruptcy petition.
Under the principles of claim preclusion, a prior Rule 12(b)(6) dismissal of the debtor's claims by the United States District Court precluded the debtor from reasserting the same claims in...
