BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...
Bankruptcy Courts have discretion to refuse to compel arbitration of discharge disputes. The Fifth Circuit followed its prior rulings in In re National Gypsum and In re Gandy and found: (1)...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing...
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
1) In order to be awarded damages against a party for violating the automatic stay, the debtor bears the burden of showing by a preponderance of the evidence that the alleged offender willfully...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision that the debtors' failure to timely pay a discounted settlement amount, thus leaving a $25 late fee unpaid after a...
A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
