Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 8 months ago
Citation:
Case No. 12-1559 (B.A.P. 9th Cir. June 5, 2013)
Ruling:
In AFFIRMING in part and VACATING and REMANDING in part the bankruptcy court's order sustaining of the chapter 7 trustee's objection to the debtor's claimed homestead exemption in two real...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 10 months ago
Citation:
No. CC-12-1398-KiPaTa (B.A.P. 9th Cir. April 11, 2013)
Ruling:
AFFIRMING the bankruptcy court's order (1) dismissing individual chapter 11 debtor's bankruptcy case and all pending adversary proceedings and (2) entering judgment in favor of the United States...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 11 months ago
Citation:
Case No. 12-60009 (9th Cir. March 25, 2013)
Ruling:
In AFFIRMING the judgment of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's judgment confirming a chapter 13 plan as proposed in good faith, the Ninth Circuit held that under...
Judge(s):
Kenneth F. Ripple, Stephen S. Trott, and Richard A. Paez
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 1 month ago
Citation:
Case No. CC-12-1226-BePaMk (B.A.P. 9th Cir. 2013)
Ruling:
VACATING the bankruptcy court's entry of summary judgment and REMANDING for further proceedings, the Bankruptcy Appellate Panel for the Ninth Circuit held that: (1) the bankruptcy court improperly...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 2 months ago
Citation:
BAP No. CO-11-087 (B.A.P. 10th Cir. Dec. 3, 2012)
Ruling:
In AFFIRMING the bankruptcy court, the BAP ruled that the bankruptcy court had jurisdiction to approve a settlement entered into between a putative debtor and creditors dismissing the case without...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 5 months ago
Citation:
No. 1:10-cv-1298 (6th Cir. Sept. 14, 2012)
Ruling:
In AFFIRMING the district court, the Sixth Circuit Court of Appeals found that language in a stipulated cease-and-desist order requiring a parent corporation to "ensure" that its subsidiary, a...
Judge(s):
Martin and Daughtrey, Circuit Judges; Maloney, District Judge sitting by designation.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 7 months ago
Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 9 months ago
Citation:
Case No. KS-10-084 (B.A.P. 10th Cir. May 7, 2012)
Ruling:
The Bankruptcy Appellate Panel ("BAP") for the Tenth Circuit AFFIRMED the bankruptcy court's order ruling that a lender's mortgage interest in property has priority over mechanics' lien claims. ...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 10 months ago
Citation:
No. 10-6075 (B.A.P. 8th Cir. June 2, 2011)
Ruling:
Under Iowa law, the debtor was not entitled to the homestead exemption in property acquired months after the creditor obtained its judgment against the debtor. This is true even though the debtor...
