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...
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that: (i) the debtors-appellants had consented to the derivative...
Judge(s):
The Honorable Rosemary S. Pooler; The Honorable Richard C. Wesley; and The Honorable Raymond J. Lohier
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Affirmed by unpublished per curiam opinion. "... the Trustee has failed to demonstrate a genuine dispute of material fact on the issue of whether SunTrust owed IPG [the debtor] any...
Judge(s):
Before DUNCAN and AGEE, Circuit Judges, and Leonie M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.
In the bankruptcy context, a more stringent standing requirement than the case or controversy standing requirement of Article III is applied and only a person aggrieved by a bankruptcy court order...
BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...
The bankruptcy court did not have subject matter jurisdiction over a dispute between the liquidating trustee for a bankruptcy estate and a third party which claimed ownership of property formerly...
The Third Circuit Court of Appeals affirmed the bankruptcy court’s decision on remand, finding that: (i) the payments that Eclipse, the debtor-appellee, made to Prudential, the...
Judge(s):
Jordan and Roth, Circuit Judges; and Mariani, District Judge
