Joining the Second and Third Circuits, the Ninth Circuit held that if an individual files a voluntary chapter 11 bankruptcy petition purportedly on behalf of an entity but lacks the requisite...
Judge(s):
John B. Owens, Lawrence VanDyke, and Holly A. Thomas
The Ninth Circuit reversed the district court and remanded to the bankruptcy court with instructions to dismiss the adversary proceeding for lack of jurisdiction.
The Third Circuit Court of Appeals upheld the bankruptcy court and district court's denials of an investor's post-confirmation objection to a plan that provided for the cancellation of equity...
The Ninth Circuit Court of Appeals upheld the decisions of the Bankruptcy Appellate Panel and the bankruptcy court that the debtor could not assume a settlement agreement with a pension fund...
Judge(s):
Marsha S. Berzon, Michelle T. Friedland, and Salvador Mendoza, Jr.
The Third Circuit Court of Appeals affirmed the District Court, which had upheld the bankruptcy court's overruling of the debtor's claim objection based on res judicata.
The Ninth Circuit Court of Appeals upheld the rulings in the District Court and Bankruptcy Court denying a Rule 60 motion of a fee order providing for joint and several liability for the fees by...
The Ninth Circuit Court of Appeals affirmed the District Court and Bankruptcy Court application of issue preclusion on the "maliciousness" prong under 11 USC 523(a)(6).
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
A panel for the Ninth Circuit Court of Appeals reversed the decision of the Bankruptcy Appellate Panel holding that the debtor was allowed to exempt "100% of FMV" of a property as a homestead...