Mandatory Victims Restitution Act (“MVRA”) allows victim lender to recover, as restitution, legal fees incurred during the borrower's bankruptcy filing , as well as the expert and forensic...
Judge(s):
PRADO and HIGGINSON, This opinion is being entered by a quorum of this court pursuant to 28 U.S.C. § 46(d)
Third Circuit affirmed district court's adoption of bankruptcy court's recommendation to enter judgment in favor of two inside directors where trustee failed to prove they breached their fiduciary...
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
A purchaser of leased personal property at a foreclosure sale was not entitled to assert an administrative rent claim against the debtor where the lease was a disguised security interest, the bill...
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
Affirmance of trial court decisions allowing jury trial, various trial rulings, and denial of new-trial motion based on compromise verdict. The cross appeal by Plaintiff on the claim that the...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., Christopher F. Droney
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes....
