BANKRUPTCY: Barton doctrine requiring permission to sue in District Court applies to UCC members in official capacities… pre-petition tort/contract/fraud claims against UCC chairman (Debtor’s former attorney) do not require Barton permission… Barton motion properly denied as to post-petition claims… UCC chairman not entitled to judicial immunity as to all actions as chairman, remanded for consideration of immunity for post-petition claims… Molloy/Haddon/Kirscher affirmed, reversed. [Read more…]
Rule 38/§1927 sanctions, recusal, smearing judge
SANCTIONS under FRAP 38 and §1927 imposed in form of Appellees’ fees & costs against Yellowstone Mountain Club co-founder and principal attorney for transparent attempt to wriggle out of unfavorable decisions by smearing Kirscher in recusal motion… co-counsel attempting to distance themselves chastised but not sanctioned… order. [Read more…]
Bankruptcy, appeal standing, choses in action
BANKRUPTCY: Yellowstone Club co-founder with choses in action has standing to appeal confirmation of Plan… appeal as to exculpation clause not equitably moot… appeal as to other requested relief which would require unraveling Plan equitably moot… Haddon affirmed, reversed (unpublished). [Read more…]
Bankruptcy, $22 million claim reconsideration
BANKRUPTCY: Reconsideration of order allowing B Shareholders a $22 million claim properly denied absent convincing explanation for delay in filing motion… Kirscher/Haddon affirmed (unpublished). [Read more…]
Bankruptcy, untimely appeal, standing
BANKRUPTCY: Appeal of Kirscher’s dismissal of liquidation plan properly dismissed as untimely… no appellate standing as to confirmation order or exculpation clause… Haddon affirmed (unpublished). [Read more…]
Judge recusal, alleged ex parte, biased statements
JUDGE RECUSAL: Claims of ex parte communications, rulings denying due process, biased statements rejected as attempt to wriggle out of unfavorable decision by smearing judge… Kirscher/Haddon affirmed. [Read more…]