The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...
Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
Bankruptcy court did not err in concluding that creditor was a secured creditor and that its attempts to collect a real estate commission claimed by chapter 13 debtor violated the automatic stay.
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit
The U.S. Court of Appeals for the Sixth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Eastern District of Michigan (DC) that affirmed the dismissal of the claims of...
Judge(s):
John B. Nalbandian; Karen N. Moore; and Eric L. Clay
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not abuse its discretion in granting a creditor in rem relief from the automatic stay under 11 USC § 362(d)(4)....
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the District of Nevada (BC) sustaining the objection of Geo-Logic Associates,...
Judge(s):
Julia W. Brand; Robert J. Faris; and William J. Lafferty III
Fifth Circuit reinstates a chapter 7 trustee's lawsuit against the Debtor's pre-petition state-court attorney for legal malpractice. The trustee's expert proffered an opinion on duty and breach as...
By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
