Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
Judge(s):
Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing...
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
1) In order to be awarded damages against a party for violating the automatic stay, the debtor bears the burden of showing by a preponderance of the evidence that the alleged offender willfully...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision that the debtors' failure to timely pay a discounted settlement amount, thus leaving a $25 late fee unpaid after a...
Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
Properties owned by wife and debtor were property of the estate. Despite being held by the couple as joint tenants, the properties were presumed to be community property.
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals affirmed two rulings by the bankruptcy court which found creditors in contempt and issued sanctions against creditors for: (i)...
Judge(s):
Buchanan, Dales and Wise, Bankruptcy Appellate Judges
