(United States Ninth Circuit) – In a bankruptcy action, the court held that the bankruptcy court’s order denying a motion to dismiss debtor’s Chapter 7 petition under 11 U.S.C. section 707(b) constitutes a final, appealable order and that the bankruptcy court did not err in finding debtor’s housing loan from his employer to be a non-consumer debt.
United States Of America v. Capital Supply, Inc
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
In Re Walldesign
(United States Ninth Circuit) – Affirming the district court’s order reversing the bankruptcy order that would have let a committee of unsecured creditors could recover fraudulently transferred funds solely from a corporate cheat because the appellate court agreed with the district court that the committee could also recover funds from the parties to whom the cheat made payments from the corporate account because the ‘good guys’ involved in these dealings were still in a better position than unsuspecting creditors to guard against corporate fraud.
Second Chance Mortgage Loan Fund 2 LLC v. Wright, Jr et al
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Higgins v. The Superior Court of San Diego County
(California Court of Appeal) – Issuing an order to show cause and grant a petition for writ challenging the trial court’s denial of a motion to dismiss on account of the failure by the case initiator to serve them with a summons and complaint within three years of the commencement of the action because the nondebtor party’s service of process was not subject to a an automatic stay upon filing of the bankruptcy petition.
In Re J and S Properties LLC
(United States Third Circuit) – Affirming the district court’s support for a US Bankruptcy Court decision that qualified immunity applies to discretionary actions taken by a trustee to preserve a bankruptcy estate’s assets.
Neytman v. Palm Court at 23rd Street, Ltd.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Rodriguez Olave v. Weiner
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
In Re The Financial Oversight and Management Board for Puerto Rico
(United States First Circuit) – Reversing the district court’s denial of a motion for intervention by the Official Committee of Unsecured Creditors in an adversarial proceeding against the Commonwealth of Puerto Rico, which was seeking debt adjustment under the Bankruptcy Code as incorporated in the Puerto Rico Oversight, Management, and Economic Stability Act because the Bankruptcy Code as incorporated includes an unconditional right to intervene.
In Re: CWS Enterprises
(United States Ninth Circuit) – Affirming the judgment of the state court confirming the arbitration award of contingency fees in the case of a party who sought to avoid the judgment by creating spinoff companies and entering into bankruptcy proceedings where the bankruptcy court’s use of the lodestar method to determine the reasonableness of the attorney fees claimed because the contract that provided for these fees was not unreasonable or unconscionable.