The BAP affirmed the bankruptcy court's orders (1) ruling that the debtor had failed to timely make an oral motion to assume a lease, (2) denying the use of its powers under section 105(a) to grant...
Sixth Circuit Court of Appeals affirms the bankruptcy court ruling that payment to contractor after foreclosure of construction lien was a redemption, not a purchase, as Michigan law permits...
The debtor's obligation to pay his children’s college expenses qualified as a “domestic support obligation.” In making this determination, the bankruptcy court properly looked to 1) the...
In a per curiam opinion, the Fourth Circuit affirmed the "thorough, well-reasoned opinions" of the Bankruptcy Court and the District Court that the Debtor, Alpha Natural Resources, Inc., could...
Judge(s):
Circuit Judges Thacker and Harris and Senior Circuit Judge Shedd.
BAP for 9th Circuit affirmed judgment of bankruptcy court (ND Cal.) denying discharge of chapter 7 debtor under 11 USC 727 for knowing and fraudulent oath after debtor failed to disclose he was an...
BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...
The debtor's debt for criminal restitution is not dischargeable under § 523(a)(7) where he had failed to preserve the argument that his former employers were not governmental units. [The court did...
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) denying chapter 13 debtor's motion for damages against creditor based on violation of automatic stay. BAP ruled that creditor deed...
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
