Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly...
Order affirming decision of the bankruptcy court valuing certain real property in connection with determining the amount of a secured creditor’s deficiency claim.
Order approving sale of assets by chapter 7 trustee to ex-wife of debtor vacated and remanded because the bankruptcy court failed to make any findings in support of the decision.
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
Ninth Circuit Court of Appeals, No. 12-35665 (December 2, 2013)
Ruling:
A fraud that would have served as grounds for denying a chapter 7 discharge if it had been known at the time of the discharge can serve as grounds for the later revocation of that discharge.
Judge(s):
Milan D. Smith, Jr., Andrew D. Hurwitz, James C. Mahan
Eight Circuit Court of Appeals, No. 11-3523 (January 11, 2013)
Ruling:
Where the debtor failed to assert an exemption in an asset prior to a hearing to consider a motion filed by the chapter 7 trustee for approval of a global settlement of the asset, the bankruptcy...
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), Case No. 12-6043 (BAP 8th Cir. November 14, 2012)
Ruling:
Where the debtor acted as a payment intermediary between a utility and a customer and the contract between the debtor and customer required the debtor to remit funds to the utility, the contract...
Where a judgment creditor satisies a senior consensual lien on property of the debtor in preparation for a sheriff's sale, the judgment creditor is subrogated to the rights of the consensual...
Eight Circuit Court of Appeals, No. 11-6038 (October 11, 2011)
Ruling:
The Bankruptcy Appellate Panel ruled that where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.
Eight Circuit Court of Appeals, No. 09-3049 (April 4, 2011)
Ruling:
The Court of Appeals ruled that an unsuccessful bidder at a bankruptcy auction does not have standing to seek damages based upn the results of the sale where the debtor determined that the bidder...
