BAP for 9th Circuit affirmed defense judgment of bankruptcy court (CD Cal.) on creditor's 11 USC 523/727 suit. Bankruptcy court correctly followed California discretionary law of issue preclusion...
BAP for 9th Circuit affirmed ruling of bankruptcy court (C.D. Cal.) granting chapter 7 trustee's sale motion over debtor's objection. Debtor waived appeal of disbursement of sale proceeds after...
Pro se chapter 7 debtor failed to meet burden of justifying relief under FRCP 60(b) by failing to present evidence or legal arguments at an evidentiary hearing.
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
Bankruptcy court correctly found debtor in contempt for a willful stay violation because debtor knew of the automatic stay and acted intentionally to violate it.
Because the tortious interference claim alleging a direct injury to the company's former CEO is not property of the estate, there is no basis for bankruptcy court jurisdiction.
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
