1st Circuit

Elkin v. Metro. Prop. & Cas. Ins. Co. (11/20/06 – No. 06-9003)
A creditor’s challenge to the statement of the Bankruptcy Appellate Panel (BAP) that the debtor’s rights were previously conveyed to creditors is dismissed for lack of jurisdiction. The creditor had no standing to appeal that decision, which had been in its favor anyway.

2nd Circuit

Evans v. Ottimo (11/20/06 – No. 04-6155)
Debtor may not seek a (second) determination (this time from the Bankruptcy court) that sums owed to a particular creditor were “fraudulent” in nature.   State trial court, the real forum for that question, already made the determination.

9th Circuit

US v. Lazarenko (11/21/06 – No. 06-10273)
An appeal by third-party claimants is dismissed for lack of appellate jurisdiction where those claimants lacked standing and the controversy was not ripe for review in any case; claimants could still protect their interest in ancillary proceedings.


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