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Summaries by Benjamin Ellison
- Citation:
- Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
- Ruling:
- The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the...
- Judge(s):
- Kurtz, Pappas, Tayor
- Tag(s):
-
- Ruling:
- The Court of Appeals rejected debtors' objections that underlying settlement conceding involuntary bankruptcy was void under FRCP 60(b)(4) because requirements for involuntary bankruptcy under 11...
- Judge(s):
- Lucero, Baldock, Brorby
- Tag(s):
-
- Citation:
- --- B.R. ----, 2013 WL 6623647
- Ruling:
- Although there is a 300-day deadline for filing a plan of reorganization and disclosure statement in a small business Chapter 11 bankruptcy, such deadline applies only to the debtor, and does not...
- Judge(s):
- Michael, Nugent, and Somers
- Tag(s):
-
- Ruling:
- The Tenth Circuit made two findings concerning waived arguments. First, because the argument was not raised before the bankruptcy court, the Court of Appeals rejected Debtors' contention that they...
- Judge(s):
- Lucero, Brorby, Bacharach
- Tag(s):
-
- Citation:
- 13-1034 unpublished
- Ruling:
- The Court of Appeals upheld the trial verdict that Debtor-brother's discharge should be vacated. First, the Court found the bankruptcy court could rely on the same evidence to establish both a...
- Judge(s):
- Gruender, Beam, Shepherd
- Tag(s):
-
- Ruling:
- The BAP first found the appeal of the adversary proceeding was not moot even though the Debtor's main case had previously been dismissed. The BAP moreover found that whereas the completed...
- Judge(s):
- Taylor, Pappas, Kirscher
- Tag(s):
-
- Ruling:
- The Eighth Circuit Court of Appeals ruled that the District Court properly enjoyed jurisdiction to decide a state court matter removed after involuntary bankruptcy was filed against Debtor. Citing...
- Judge(s):
- Wollman, Colloton, Holmes
- Tag(s):
-
- Citation:
- No. 13-1769 (unpublished)
- Ruling:
- The Eighth Circuit Court of Appeals affirms the prior court rulings, denying contempt. It does so on three bases: (1) the Rooker-Feldman doctrine precludes consideration, (2) the Appellant...
- Judge(s):
- Loken, Bye, Benton
- Tag(s):
-
- Ruling:
- The 9th Circuit BAP upheld a Bankruptcy Court's determination that a prior California state court decision concerning breach of fiduciary duty was issue preclusive on whether Debtor was not...
- Judge(s):
- Kirscher, Taylor, Dunn
- Tag(s):
-
- Ruling:
- The Bankruptcy Court abstained from hearing the Halls' adversary proceeding based on the fact all their claims involved state law and had already been resolved by the Oklahoma Court of Civil...
- Judge(s):
- Cornish, Nugent, Romero
- Tag(s):
-
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