The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) order converted debtors' chapter 13 case to chapter 7. Debtors' attempts to misrepresent interest in non-residential property, including...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
Debtor's Notice of Appeal only attached the order denying Debtor's motion for reconsideration. Therefore, the BAP's ruling was limited to only the reconsideration order and not the prior stay...
Judge(s):
Honorable Faris, Lafferty, and Taylor, Bankruptcy Judges
The bankruptcy court did not abuse its discretion in sanctioning the reorganized debtor's attorney for causing the reorganized debtor to make "reckless and frivolous" arguments regarding the effect...
Where a decision whether to allow or disallow a claim could have preclusive effect in future litigation, an appeal of that decision is not moot despite the administrative bankruptcy case having...
Judge(s):
Honorable Lafferty, Faris, and Taylor, Bankruptcy Judges
The bankruptcy court’s factual determinations are supported by the record and Tracey Nubia (“Debtor”) has not shown that the court clearly erred in valuing her residence.
Judge(s):
Honorable Gan, Klein and Taylor, Bankruptcy Judges (Hon. Christopher M. Klein sitting by designation)
The BAP affirmed the decision to allow the UST leave to amend the complaint, because the amended complaint related back to the original complaint under FRBP 7015. The additional objection to...
The bankruptcy court did not abuse its discretion by relying exclusively on the schedules to calculate chapter 13 Debtor's eligibility. The BAP also rejected Appellant’s argument that the...
Judge(s):
Honorable Spraker, Gan, and Faris, Bankruptcy Judges
The 9th Circuit BAP affirmed the bankruptcy court's orders striking the debtor's answer as a sanction for failure to comply with the court's order to show cause and entry of a default judgment...
