Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
15 years 2 months ago
Citation:
Segovia v. Schoenmann, No. 09-16146 (9th Cir. Jan. 7, 2011)
Ruling:
In this memorandum the Ninth Circuit designated as not appropriate for publication, the court affirmed the bankruptcy court’s denial of the debtor’s attempt to exempt unexercised stock options...
Appellate Court affirmed district court's refusal to treat debtor's stock options as exempt retirement savings. The debtor obtained the stock options through her former employer's "long-term...
The Ninth Circuit affirmed the lower courts' interpretation of a settlement agreement between certain predecessors to the Western Asbestos Settlement Trust (the "Trust"), a trust established in the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
15 years 3 months ago
Citation:
Chapman v. U.S. Trustee (Matter of Aston-Nevada Limited Partnership), No. 08-15792 (9th Cir. Dec. 1, 2010)
Ruling:
In this memorandum the Ninth Circuit designated as not appropriate for publication, the court reversed the bankruptcy court’s imposition of heavy sanctions against the chapter 11 debtor’s...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Court's denial of a creditor with an undisputed and over-secured claim for attorney's fees pursuant to 11 U.S.C. §506(b) because the fees...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
15 years 4 months ago
Citation:
Robert L. Goodrich v. Juan Briones (In Re: Alexis Hill Schwarzkopf), No. 08-56974, (Nov. 23, 2010, 9th Cir); 2010 U.S. App. LEXIS 24046
Ruling:
Debtors’ Two Irrevocable Trusts Were Invalid
The Debtors set up two irrevocable trusts in 1992 (collectively, “Trusts”), naming as beneficiary their minor child. The first trust (the...
Overturning the B.A.P., the Ninth Circuit held the bankruptcy court lacked jurisdiction to hear a collateral attack on a Section 363 Sale Order in a confirmed and closed Chapter 11 case when the...
The Ninth Circuit concluded that a trustee cannot bring an alter ego claim under California law on behalf of all creditors of a Chapter 11 bankruptcy estate. In a Chapter 11 bankruptcy, the...
