The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) found no abuse of discretion in the "common-sense" decision of the U.S. Bankruptcy Court for the District of Colorado (BC) to order...
Judge(s):
Terrence L. Michael; Cathleen D. Parker; and William T. Thurman
Concluding that the law of the state of a debtor's prepetition domicile governs an exemption claim, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) reversed the decision of the U.S....
Judge(s):
Cathleen D. Parker; Terrence L. Michael; and William T. Thurman
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed an award of nearly $90,000 in fees and costs by the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Robert J. Faris; William J. Lafferty III; and Gary A. Spraker
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decisions of the U.S. Bankruptcy Court for the District of Nevada (BC) to: (1) dismiss with prejudice the adversary...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP): (1) affirmed the denial by the U.S. Bankruptcy Court for the Central District of California (BC) of a motion to reopen a dormant case...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
The bankruptcy court did not err in finding that Lawrence intended to defraud Frost by perpetuating a fraudulent conveyance scheme and that Lawrence committed actual fraud actionable under §...
Judge(s):
Owen, Chief Judge, and Jones and Wilson, Circuit Judges
The BAP affirmed the bankruptcy court's ruling sustaining the trustee's objections to: (1) the state's claim that a nonprofit, not the debtor, should recover the remaining tax settlement funds, and...
