Legal Opinion

Picerne Construction Corp. v. Castellino Villas, A. K. F. LLC (In Re Castellino Villas, A. K. F. LLC)

Court of Appeals for the Ninth Circuit

Decided September 6, 2016No. 12-57186PublishedCited by 22 opinions

1Opinion of the Court

OPINION

IKUTA, Circuit Judge:

We are asked to determine whether the bankruptcy court erred as a matter of law by holding that attorneys’ fees in-curred during litigation after the confir-mation of a Chapter 11 bankruptcy plan were discharged by that bankruptcy. We have jurisdiction under 28 U.S.C. § 158(d). Picerne’s claim for attorneys’ fees arose before Castellino filed its bankruptcy petition, and Castellino’s post-discharge con-duct did not amount to “a whole new course of litigation,” Siegel v. Fed. Home Loan Mortg. Corp., 143 F.3d 525, 534 (9th Cir. 1998). Therefore, under the…

2Cases cited9 opinions

Larry M. Siegel Selwyn Gerber v. The Federal Home Loan Mortgage Corporation J.I. Kislak Mortgage Corporation Gunther Torriani Carolyn PazCourt of Appeals for the Ninth Circuit · 1998
In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
Carole O'LOghLin v. County of OrangeCourt of Appeals for the Ninth Circuit · 2000
In Re: Manville Forest Products Corporation, DebtorCourt of Appeals for the Second Circuit · 2000
SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

Bradley Taggart v. Shelley LorenzenCourt of Appeals for the Ninth Circuit · 2018
Mallinckrodt PLC v.Court of Appeals for the Third Circuit · 2024
Rescap Liquidating Trust v. PHH Mortgage Corp. (In re Residential Capital, LLC)District Court, S.D. New York · 2016
In re DaviesUnited States Bankruptcy Court, D. Idaho · 2017
Baroni v. Wells Fargo Bank, N.A. (In re Baroni)United States Bankruptcy Court, C.D. California · 2016

17 more not listed; retrieve them via the Exa API.