The United States Court of Appeals for the Ninth Circuit affirmed the bankruptcy court's summary judgment in favor of Ammec Investments II, Inc., voiding several property transfers orchestrated by...
The U.S. Court of Appeals for the Ninth Circuit affirmed a Bankruptcy Appellate Panel decision upholding the bankruptcy court's denial of the appellant/plaintiff/creditor's motion for relief from a...
Joining the Second and Third Circuits, the Ninth Circuit held that if an individual files a voluntary chapter 11 bankruptcy petition purportedly on behalf of an entity but lacks the requisite...
Judge(s):
John B. Owens, Lawrence VanDyke, and Holly A. Thomas
The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's order reducing a debtor's homestead exemption to $0 under 11 U.S.C. § 522(o). The bankruptcy court did not clearly err...
Ninth Circuit Court of Appeals dismissed the case for lack of jurisdiction under 28 U.S.C. §§ 1291, 1292, and 158(d)(1) finding that the order was not final because it did not "end the litigation...
Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
The U.S. Court of Appeals for the Ninth Circuit upheld a bankruptcy court's (a) judgment that the appellant had to turn over $137,000 to the debtor's estate as prepetition checks he received were...
Judge(s):
R. NELSON and VANDYKE, Circuit Judges, and COLE, District Judge
Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do...
The Ninth Circuit reversed the district court and remanded to the bankruptcy court with instructions to dismiss the adversary proceeding for lack of jurisdiction.
There can be no claim preclusion of state and federal claims of exemption because § 522(b)(1) and Schedule C prohibit raising state and federal homestead exemptions on a single schedule. The claim...
