Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 month ago
Citation:
No. 10-60019 (9th Cir. Feb. 24, 2011)
Ruling:
Affirm ruling of the 9th Circuit BAP that existing default judgement in a non-bankruptcy proceeding did not have preclusive effect on adjudication of claim in bankruptcy case where (a) defendant...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 month ago
Citation:
09-17201 (9th Cir. Feb. 15, 2011)
Ruling:
Rooker-Feldman doctrine has little or no application in a bankruptcy proceeding that invokes substantive rights under the Bankruptcy Code. Bankruptcy Courts have right to reverse, amend or...
The Court affirmed the bankruptcy court's ruling that the Debtor's wife real property in Pebble Beach, CA was not property of the estate, because she never intended to give her husband an interest...
A party alleging contempt for violation of the discharge injunction must bring the contempt action by way of motion in the underlying bankruptcy case, not by adversary proceeding.
