The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment ruling in favor of plaintiff on plaintiff's non-dischargeability claims under sections 523(a)(2)(A) and...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Mon.) dismissing imprisoned creditor's 523(a)(6) suit against chapter 7 debtor due to creditor's failure to pay filing fee. There are no...
When considering a motion to reopen a case, a bankruptcy court should ordinarily not address the merit of any disputes underlying the motion, but may decline to reopen where the undisputed facts...
The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
Disposing of an appeal filed by a chapter 13 debtor named "Eric Dutra" (DR), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Mary Jo Heston
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion...
"[n]o particular words are necessary as long as they amount to an admission that [the grantor] has voluntarily and freely executed the instrument." McOuatt, 69 N.E.2d at 810; see also In re...
