Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
California personal property tax liens may be avoided in bankruptcy even if the tax collector records tax delinquency certificates ("Tax Certificates") with the appropriate County Recorder because...
Judge(s):
WARDLAW, CALLAHAN, GORDON J. QUIST (W.D. Mich., sitting by designation)
The appeal of the bankruptcy's denial of the debtors' motion to assume and assign automobile dealership agreements was moot because, among other reasons, the assignment would require the proposed...
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Debtor in a involuntary Chapter 7 bankruptcy lacked standing to argue that the Chapter 11 trustee for a business trust formerly owned by the debtor (the "Other Trustee") violated the automatic stay...
Judge(s):
BRAND, SPRAKER (Chief Bankruptcy Judge, D. Alaska, sitting by designation), KURTZ
The bankruptcy court properly disallowed a claim filed by a secured creditor that failed to comply with Arizona state law for preserving the right to a deficiency following the foreclosure. Arizona...
Judge(s):
BENTON, SHEPHERD, STRAND (N.D. Iowa, sitting by designation)
Claims based on events that occur after the filing of a voluntary Chapter 7 petition are not subject to judicial estoppel if the debtor fails to disclose and schedule such claims.
The Court of...
A dissolved preliminary injunction issued by a bankruptcy court could still be reviewed by the district court on appeal where the preliminary injunction resulted in Medicare reimbursement payments...
Reversing the BAP, the 9th Circuit, with a concurrence, ruled that 11 U.S.C. § 727(e)(1) is a statute of limitations, not a statute of repose, The debtor's failure to plead the statute of...
