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A Bankruptcy Appellate Panel (abbreviated BAP) is authorized by 28 U.S.C. § 158(b) to hear, with the consent of all parties, appeals from the decisions of the United States bankruptcy courts in their district that otherwise would be heard by district courts, but only in those districts in which the district judges authorize appeals to BAPs. [1]
The Bankruptcy Judge rejected these arguments. Marrama appealed to the Bankruptcy Appellate Panel for the First Circuit, which affirmed the lower court's ruling. [3] On appeal from the panel, the full First Circuit Court of Appeals affirmed, rejecting the argument that §706(a) gives a Chapter 7 debtor an absolute right to convert to Chapter 13 ...
A three-judge panel in Philadelphia issued the ruling Friday in an appeal filed by the U.S. bankruptcy trustee, who serves as a government watchdog in Chapter 11 reorganizations.
A court of appeals may convene a Bankruptcy Appellate Panel to hear appeals in bankruptcy cases directly from the bankruptcy court of its circuit. As of 2008, only the First, Sixth, Eighth, Ninth, and Tenth Circuits have established a Bankruptcy Appellate Panel. Those circuits that do not have a Bankruptcy Appellate Panel have their bankruptcy ...
The decision by the U.S. 3rd Circuit Court of Appeals in Philadelphia on Monday dismissed a Chapter 11 petition filed by a recently created J&J subsidiary in October to address more than 38,000 ...
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The bankruptcy court agreed and denied confirmation of the plan. [9] Ransom appealed to the Ninth Circuit Bankruptcy Appellate Panel, which affirmed, ruling that the expense amount only becomes "applicable" within the meaning of the statute when the debtor actually has such an expense. [10]
Purdue argued—and the bankruptcy court and 2nd Circuit agreed—that three key sections of the bankruptcy code, taken together, authorize a bankruptcy court to grant such releases: sections 105 ...