The U.S. Bankruptcy Appellate Panel for the Ninth Circuit dismissed an appeal of an order denying relief from the automatic stay to complete a foreclosure sale as constitutionally moot. No live...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's finding that sale proceeds were cash collateral and its approval of a stipulation with the IRS.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court properly granted summary judgment to a Chapter 7 Trustee who sought to avoid and recover actually fraudulent...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Central District of California granting summary judgment excepting the debt...
Judge(s):
William J. Lafferty III; Robert J. Faris; and Gary A. Spraker
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not clearly err in finding a creditor received constructively fraudulent transfers from debtors related to their...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a debtor's motion for leave to sue the Chapter 11 Trustee in state court for alleged...
The B.A.P. of the Ninth Circuit affirmed the bankruptcy court's dismissal. Relying on canons of statutory interpretation, the court interpreted § 1192 to reiterate § 523(a)’s application to...
The Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not err in denying a motion to remand a removed civil action and in granting a summary judgment for the...
A debtor who did not assume a lease in his chapter 13 plan and who did not disclose ownership of any business-related property in his Schedules and Statement of Financial Affairs was estopped from...
Section 1191(c)(3) requires bankruptcy courts to take a "harder look" at a plan's feasibility than is required under § 1129(b)(2)(A) in order to confirm a subchapter V plan over a secured...
