The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
In an unpublished ruling, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing an LLC's second chapter 7 filing based on claim and issue preclusion following...
In a published decision, the 9th Circuit affirmed the district court's (C.D. Cal.) summary judgment in favor of accountants on tort claims brought by court appointed receiver against accountants...
Judge(s):
Pregerson, Trott, Stafford (sitting by designation)
The BAP for the 9th Circuit affirmed in part and reversed in part the ruling of the bankruptcy court (N.D. Cal.), sanctioning chapter 7 debtor's counsel by ordering payment to the bankruptcy court...
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Miller v. State of Utah, et al., No. 14-4155 (10th Cir. Jan. 12, 2016)
Ruling:
Tenth Circuit affirmed ruling of District Court (D. Utah) granting summary judgment in favor of governmental defendants based on sovereign immunity. Tenth Circuit agreed that claims for damages...
Home Service Oil Company v. Cecil (In re Cecil), No. 15-6026 (BAP 8th Cir. Dec. 28, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (E.D. Mo.) in denying the discharge of a chapter 7 debtor based on the individual's failure to disclose a number of assets...
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) allowing fees and costs as an administrative expense, but in a substantially lower amount than desired by...
GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson), BAP No.CO-14-063 & BAP No.CO-14-064 (BAP 10th Cir. Nov. 6, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court (D. Colo.) granting in part a creditors' objection and reducing the allowed amount of two claims scheduled as undisputed by...
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...