The BAP affirmed the bankruptcy court's ruling that the Debtor held legal title to the Property on the Petition Date, the deed recording violated the automatic stay, the denial of the stay...
The BAP, in affirming the bankruptcy court, held three things:
1) dismissals, even those brought under § 1307(b) requires a court to consider the § 349(a) possibility of dismissal with...
The BAP held the bankruptcy court did not err in finding all of the Plaintiff's injuries resulted from the Debtor's willful and malicious acts, because the record showed the Debtor, the aggressor,...
The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent.
The BAP also held the bankruptcy...
The BAP reversed the bankruptcy court's decision which denied the creditors' request to garnish funds held by the Chapter 13 Trustee post-dismissal, and the BAP remanded the matter to allow the...
The BAP affirmed the decision to allow the UST leave to amend the complaint, because the amended complaint related back to the original complaint under FRBP 7015. The additional objection to...
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision dismissing the debtor's chapter 7 case for failure to file documents.
The BAP noted that the...
The BAP affirmed the bankruptcy court's decision to dismiss the Plaintiffs' complaint without leave to amend reasoning that the complaint failed to allege plausible facts to support any claim made...
The BAP affirmed the bankruptcy court in full when the bankruptcy court ruled that the last judgment in time should be granted preclusive effect, even if the same court issued a prior inconsistent...
The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...
