The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in approving compensation for a Subchapter V Trustee over a debtor’s objection for work...
The Ninth Circuit Court of Appeals affirmed the bankruptcy court's decision awarding fees to the chapter 13 debtor's attorney and modifying the chapter 13 plan to pay the fees, over the objection...
Judge(s):
CLIFTON and SANCHEZ, Circuit Judges, and KORMAN,** District Judge
The Ninth Circuit Court of Appeals upheld the Bankruptcy Appellate Panel and bankruptcy court's summary judgment in favor of the government in a chapter 7 debtor's adversary proceeding to determine...
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's rulings in favor of the holder of a deed of trust in a quiet title action against, inter alia, the purchaser of...
A panel of the Ninth Circuit Court of Appeals upheld (2-1) the bankruptcy court's order awarding attorneys' fees to appellee judgment creditor. The majority held that the bankruptcy court properly...
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
A creditor, including a federal agency (here, the Social Security Administration), may recoup amounts overpaid to a debtor after the debtor has received a bankruptcy discharge if the agency's claim...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court abused its discretion in issuing monetary sanctions sua sponte to chapter 13 debtors' counsel due to counsel's...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in (a) vacating an order awarding attorney fees to a chapter 7 trustee representing...
A chapter 7 trustee who is their own attorney has the burden of showing why work performed is legal in nature, rather than work typically performed by a chapter 7 trustee, when applying for...
