The bankruptcy court decision not to reopen the case was affirmed in full. The appellate court reviewed the decision not to reopen for an abuse of discretion and determined there was no such...
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
