The dismissal of a chapter 11 case pending appeal renders that appeal moot and the judgment below is generally vacated and the matter remanded so it can be dismissed. A subsequently filed chapter...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...
BAP for 9th Circuit affirmed bankruptcy court (ED Cal.) entry of judgment on the pleadings in favor of defendant-trustee, and grant of motion for attorney's fees as prevailing party. Tenant had no...
BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the...
Summary Order, WITH NO PRECEDENTIAL EFFECT. Debt arising from civil judgment based on Title VII hostile work environment claims following jury trial held non-dischargeable under section 523(a)(6)...
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing adversary proceeding with prejudice. After 9 year campaign opposing foreclosure, Debtor/plaintiff in his 10th bankruptcy...
BAP for 9th Cir. dismissed as moot and affirmed remaining ruling of bankruptcy court (ND Cal.) ruling that automatic stay expired after 30 days for repeat filer, and alternatively granting relief...
