The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) denying debtor's motion to vacate orders entered in his involuntary chapter 7 case: a preservation order, an order denying his motion...
BAP for 9th Cir. affirmed ruling of bankruptcy court (WD Wa.) dismissing chapter 13 debtor's case. Bankruptcy court properly rejected debtor's due process argument that she did not have adequate...
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) granting creditors' motion for summary judgment but reversed and remanded bankruptcy court's order denying creditors' motion for...
Filing a motion to reopen a bankruptcy case base or, more accurately, to revoke the confirmation order, based on information discovered six years earlier is untimely and constitutes vexatious and...
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditors following debtors' claims alleging breach of confirmed chapter 11...
A) An appeal of an order is timely if the appellant (i) first files a motion for relief under Fed. R. Bankr. P. 9023 within 14 days of entry of the order and (ii) the files the notice of appeal...
BAP for 9th Circuit dismissed appeal of chapter 7 debtor who objected to trustee's settlement with creditors. Debtor lacked standing to appeal the order approving settlement. Bankruptcy court...
The “carve-out” provision of a cash collateral order of the sort ordinarily meant to assure payment of professionals’ fees will be interpreted according to its plain terms, and will not be...
BAP for 9th Circuit affirmed rulings of bankruptcy court (CD Cal.) denying motion to sell property free and clear and dismissing chapter 11 case based on findings that debtor filed the petition in...
