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Summaries by
- Summarized by ,
- 5 years 9 months ago
- Ruling:
- The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
- Judge(s):
- Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
- Tag(s):
-
- Summarized by ,
- 8 years 8 months ago
- Citation:
- 16-3069, 3071 (10th Circuit, Jun 28,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- An appeal in a civil case from the District Court is timely under Fed. R. App. P. 4 if filed within 30 days of the order being appealed from and the failure to properly designate the order from...
- Judge(s):
- Lucero, O’Brien, Moritz
- Tag(s):
-
- Summarized by ,
- 8 years 11 months ago
- Citation:
- No. 15-60031 (9th Circuit, Apr 20,2017) Published
- Case Status:
- Affirmed
- Ruling:
- 9th Circuit affirmed BAP ruling affirming bankruptcy court's order disallowing deficiency claim following non-judicial foreclosure. Out of bankruptcy foreclosure extinguished creditor's lien, and...
- Judge(s):
- Schroeder, Davis, Murguia
- Tag(s):
-
- Summarized by ,
- 8 years 11 months ago
- Ruling:
- 9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
- Judge(s):
- Tashima, Smith, Korman
- Tag(s):
-
- Summarized by ,
- 8 years 11 months ago
- Ruling:
- 9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
- Judge(s):
- Tashima, Smith, Korman
- Tag(s):
-
- Summarized by ,
- 9 years 2 weeks ago
- Ruling:
- Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
- Judge(s):
- Wilkinson, Motz, Floyd (Motz)
- Tag(s):
-
- Summarized by ,
- 9 years 3 months ago
- Citation:
- BAP No. CC-16-1100-DKiF (9th Cir. B.A.P. Dec. 2, 2016) (9th Circuit, Dec 02,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
A prepetition assignment of accounts receivable ordered by a California Superior Court under Cal. Civ. Code section 708.510 was effective to remove the accounts from the debtor’s...
- Judge(s):
- Randall B. Dunn, Bankruptcy Judge for the District of Oregon sitting by designation, and Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges
- Tag(s):
-
- Summarized by ,
- 9 years 2 months ago
- Citation:
- CC-15-1422-DKuF (9th Circuit, Aug 03,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
Dismissal of chapter 11 case based on determination that petition had been filed in bad faith affirmed.
- Judge(s):
- Dunn, Kurtz, and Faris
- Tag(s):
-
- Summarized by ,
- 13 years 4 months ago
- Citation:
- Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)
- Ruling:
- AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on...
- Judge(s):
- Kressel, Schermer, and Nail
- Tag(s):
-
- Summarized by ,
- 13 years 5 months ago
- Citation:
- In re Lewis and Clark Apartments, LP, ---F.3d --- (8th Cir. BAP October 11, 2012) (Federman, J.)
- Ruling:
- REVERSING and REMANDING, the 8th Cir. BAP held that a challenge to a valuation decision based on law and not fact is an appealable interlocutory order because the legal bases for valuation affect...
- Judge(s):
- Kressel, Federman, and Nail (BAP Judges)
- Tag(s):
-
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