Defendants of malpractice claims of former Chapter 11 debtors did not have standing to object to a bankruptcy court's decision allowing the debtors to reopen their bankruptcy cases to file amended...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the U.S. Bankruptcy Court for the Eastern District of California (BC) sustaining an exemption objection...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Laura S. Taylor
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision dismissing the debtor's chapter 7 case for failure to file documents.
The BAP noted that the...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Robert J. Faris
BAP for 9th Circuit affirmed bankruptcy court (CD Cal.) denial of defendant's motion to strike plaintiff's notice of dismissal of adversary. Debtor failed to demonstrate any error by bankruptcy...
The BAP affirmed the bankruptcy court's decision to dismiss the Plaintiffs' complaint without leave to amend reasoning that the complaint failed to allege plausible facts to support any claim made...
A chapter 7 debtor retains her Washington state homestead exemption even if she moves out of the house after the filing of the bankruptcy case and does not re-occupy or file a declaration of...
Judge(s):
M. Margaret McKeown and Richard A. Paez, Circuit Judges, and William Horsley Orrick (N.D. Cal.; by designation)
Applying an abuse of discretion standard, the BAP held that the Bankruptcy Court did not err in awarding $54,877 in attorneys' fees to a party that successfully prosecuted an unopposed motion to...
