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...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit affirmed a bankruptcy court's order confirming a debtor/appellee's chapter 11 plan over objections by an appellant/unsecured creditor. The...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the order of the U.S. Bankruptcy Court for the District of Nevada (BC) converting the chapter 11 case of NTI-NC Inc. (DR), both...
Judge(s):
Julia W. Brand; Frederick P. Corbit; and William J. Lafferty III
The Ninth Circuit Bankruptcy Appellate Panel reversed and remanded the bankruptcy court's entry of summary judgment in favor of plaintiff's section 523(a)(6) claim against the debtor defendant...
Participants in an ESOP plan established by an S corporation have claims against the plan, not against the corporation itself. As a result, the plan participants' claims were disallowed,
Affirming the U.S. Bankruptcy Court for the Northern District of California (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no error in its avoidance of the judicial...
The bankruptcy court properly granted the defendants' motion to dismiss a complaint under Rule 12(b)(6) because the debtor/plaintiff had participated with the defendants in the illegal conduct that...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of California (BC) denying a creditor's motion for ...
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Middle District of Tennessee (DC) dismissing, pursuant to Federal Rule of Civil...
Judge(s):
Stephanie D. Davis; Jeffrey Sutton; and Joan Larsen
Consolidating appeals arising out of the chapter 7 case of Richard Sharif (DR), the U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the bankruptcy court’s rulings: denying the...
Judge(s):
Frank H. Easterbrook; Diane P. Wood; and Thomas L. Kirsch II
