The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...
BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
4th Circuit remanded district court’s (D.S.C.) ruling that plaintiff’s claims were barred by lack of standing and judicial estoppel. Article III standing established by distinct injury suffered...
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
A creditor seeking to enforce an avoided lien needs to ensure that the lien does not otherwise expire during the course of the litigation or appeal. In this case, a judgment creditor whose lien had...
The pyschotherapist-patient privilege is limited to communications between a witness and his or her psychotherapist. A witness who claims to be unable to give accurate testimony because he or she...
Reaffirming its commitment to the Brunner test to determine the dischargeability of student loans, the Fifth Circuit affirmed the lower courts’ refusal to discharge a chapter 7 debtor’s student...
