Legal Opinion
Hupp v. Educational Credit Management Corp. (In Re Hupp)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided January 18, 2008No. BAP No. SC-07-1453-KPaJu, Bankruptcy No. 06-00198, Adversary No. 06-90127PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge:
Federal Rule of Bankruptcy Procedure 8001(e) requires that a “separate writing” be used to make an election under 28 U.S.C. § 158(c)(1) to have a bankruptcy appeal heard by the district court instead of the bankruptcy appellate panel. The question is whether that “separate writing” may include anything other than an election to have the district court hear the appeal. Consistent with the analysis in our decisions beginning with Ark. Teachers Ret. Sys. v. Official Inv. Pool Participants Comm. (In re County of Orange), 183 B.R. 593 (9th Cir. BAP 1995) (“Orange…
2Cases cited4 opinions
- In Re EleccionUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re LinderBankruptcy Appellate Panel of the Sixth Circuit · 1998
- Ioane v. Collins (In Re Ioane)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Arkansas Teachers Retirement System v. Official Investment Pool Participants Committee (In re County of Orange)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
3Cited by5 opinions
- Charlie Y., Inc. v. Carey (In Re Carey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In re SwartoutUnited States Bankruptcy Court, E.D. California · 2016
- In Re Vien Thi HoDistrict Court, C.D. California · 2022
- In re: BardosUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re: PAUL PHILLIP BARDOS, Dba CADMUS CONSTRUCTION CO.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014