84 results for 'nos:"Bankruptcy Appeal 28 USC 158 - Bankruptcy"'.
J. Staton affirms the bankruptcy court's order denying attorney fees but reverses its order denying costs, awarding $11,032 to the debtor. The bankruptcy court determined that there was no prevailing party in the matter, and the debtor appealed. The "definition of prevailing party for purposes of costs is different than that used for attorney’s fees." The bankruptcy court applied the correct legal standard for determining attorney fees but lacked discretion to deny the debtor "prevailing party" status regarding costs.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 5:23cv301, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
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J. Mosman denies the owner of two properties' motion leave to appeal the interlocutory order regarding his complaint that he has a business justification to reject his contract with the real estate agent and others, and that the bankruptcy court erred when it prevented the owner from presenting evidence of a business justification that he did not provide at the initial confirmation hearing. The owner does not sufficiently argue that there is any case law indicating that courts regard the rejection of executory contracts differently under Chapter 11 or Chapter 13 bankruptcy plans, and there is "no substantial ground for difference of opinion" of this appeal because it is not novel or difficult to understand from when it appeared in the bankruptcy court.
Court: USDC Oregon, Judge: Mosman, Filed On: November 9, 2023, Case #: 3:23cv1063, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Evidence
[Consolidated.] J. Cote affirms the bankruptcy court's decision dismissing two claimant's objections to the bankruptcy plan. The claimants were permitted to plead successor liability in their responses, so arguments about the format of the Sexual Abuse Claim Form fail. The court reasonably found that claimants would not be able to cure deficiencies in their claims if given the opportunity to amend.
Court: USDC Southern District of New York, Judge: Cote, Filed On: October 6, 2023, Case #: 1:23cv6281, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Staton affirms the bankruptcy court's order dismissing a father's appeal regarding "a promissory note secured by a junior deed of trust on real property...that was part of Debtor’s bankruptcy estate." The senior lienholder foreclosed on the property for lack of payment, which extinguished the junior lien. The foreclosure sale was valid, and the father knew the property was part of a Chapter 7 bankruptcy estate when he purchased it. The bankruptcy court did not err in concluding that the father failed to state a claim for wrongful foreclosure.
Court: USDC Central District of California, Judge: Staton, Filed On: September 29, 2023, Case #: 2:22cv6447, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
[Consolidated.] J. Otake refuses to dismiss the bankruptcy court’s orders that an asset on Hawaiian home lands of a now-bankrupt telecommunications company was properly sold to defendant telecommunications company. The sale order establishes that asset was properly acquired by the trustee of the bankrupt bankrupt telecommunications company and sold to defendant telecommunications company. The contesting companies did not show the trustee failed to levy the asset on real property interests, as the asset was classified a personal property. An earlier agreement between the bankrupt company and the contesting companies on the asset does not contradict the sale order.
Court: USDC Hawaii, Judge: Otake, Filed On: September 29, 2023, Case #: 1:22cv441, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Communications
J. Dick affirms a bankruptcy court ruling denying a creditor’s counsel request for more time to file proof of a claim against the debtor in a Chapter 13 bankruptcy. The creditor’s lawyer said he did not file his client’s claim timely because of a calendaring error, and pleaded “excusable neglect.” The district court ruling disagrees: “Neglect is the inadvertent failure to do or not to something. Counsel for [the creditor] made the conscious decision to remove deadlines from his calendar on an erroneous ill-advised assumption. This is not excusable neglect — it is a bad decision.” The bankruptcy court’s decision is affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: September 28, 2023, Case #: 3:22cv664, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Constitution
[Consolidated.] J. Kernodle affirms the judgment of the bankruptcy court relating to the sale of a property owned by the debtor entities. A trustee sought to set aside the sale order for lack of adequate notice, but it was not a creditor or party in interest entitled to actual notice. Also, the debtors' notice to sell the property that was published in a newspaper constituted constructive notice that satisfied due process.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: September 20, 2023, Case #: 4:22cv711, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Due Process
J. Aenlle-Rocha grants the lessee $119,200 in attorney fees as the prevailing party in the various companies' appeals of the Bankruptcy Court’s order granting the lessee’s motion to assume the lease and sublease of four floors and a basement of a central Lose Angeles property. The lessee’s requested hourly rates for its attorneys are reasonable because they are skilled lawyers whose hourly rates reflect their knowledge and quality of service, and the lessee provides copies of its attorneys’ billing records to prove it.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: September 20, 2023, Case #: 2:20cv10656, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Attorney Fees
J. Blumenfeld affirms the bankruptcy court's orders regarding a debtor's home, which was listed as community property in divorce proceedings, and was the primary asset of the bankruptcy estate. The debtor failed to reinvest her half of the homestead funds in an eligible dwelling as required under California law, therefore her homestead exemption lapsed. The debtor did not timely file a motion to amend the turnover and sale orders.
Court: USDC Central District of California, Judge: Blumenfeld, Filed On: September 6, 2023, Case #: 8:22cv1951, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Walter affirms the bankruptcy court's order denying a debtor and insurer's motion for preliminary injunction and affirms the bankruptcy court's dismissal of the debtor and insurer's appeal. The debtor filed a voluntary chapter 7 petition during a personal injury suit after she hit a highway patrol officer during a traffic stop, causing extensive injuries. The insurer funded the debtor's defense, refused to settle for policy limits, and settled with the debtor to prevent her from pursuing bad faith claims for failure to settle. A jury returned a verdict in favor of the officer in the personal injury trial. The personal injury appeals are property of the estate. The bankruptcy court did not err in dismissing the debtor's appeal, which was largely based on arguments made in prior appeals that had been rejected, multiple times.
Court: USDC Central District of California, Judge: Walter, Filed On: September 6, 2023, Case #: 2:23cv4286, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Silva affirms the Bankruptcy Court's finding that the business owner owed the investment company a non-dischargeable debt as being a product of the fraudulent concealment of information on loans. Investors testified that they would not have made investments had they been apprised of the "loose way" in which the owner was operating his business. The owner says that such evidence is not “loan specific” without citing any case law and the Bankruptcy Court’s findings are “plausible in light of the record viewed in its entirety” by application of the clear error standard.
Court: USDC Nevada, Judge: Silva , Filed On: September 1, 2023, Case #: 2:19cv649, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Business Practices, Banking / Lending
[Consolidated.] J. Messitte denies a debtor and his wife in forma pauperis regarding filing fees for appeals moved from bankruptcy court. In order to file for chapter 13 bankruptcy, a debtor must prove they have the income to repay their debt over time, so typically, and presently, in forma pauperis is not approved for bankruptcy cases.
Court: USDC Maryland, Judge: Messitte, Filed On: August 23, 2023, Case #: 8:23cv1697, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy