The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that two chapter 7 debtors in a joint case -...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Laura S. Taylor;
The bankruptcy court correctly ruled that it did not have jurisdiction over a former debtor's claims relating to fees owed by the debtor who, as a prisoner, filed petitions in forma pauperis. Under...
The Ninth Circuit Bankruptcy Appellate Panel (BAP) reversed the bankruptcy court's order denying recognition of a Monaco insolvency proceeding under section 1501 based on the misconduct and bad...
A debtor who, on the petition date, lives in property for which the debtor has filed a homestead declaration and has stated an intent to continue living, is presumed to be able to declare a...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the debtor's motion to enforce the discharge injunction based on the holding that the interest at issue was a...
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed an award of nearly $90,000 in fees and costs by the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Gary A. Spraker
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decisions of the U.S. Bankruptcy Court for the District of Nevada (BC) to: (1) dismiss with prejudice the adversary...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan