Business Law

Business Law News 2016, ISSUE 2

An Overview of the Ninth Circuit Bankruptcy Appellate Panel and its Reviewed Decisions During 2015

Peter J. Gurfein and Leib M. Lerner1

Peter J. Gurfein is an attorney with Landau, Gottfried & Berger, LLP. He specializes in Chapter 11 reorganization, related litigation, bankruptcy appeals, business and real estate transactions, and mediation. A past President of the LA Bankruptcy Forum and Chair of the Publications Subcommittee of the California State Bar Insolvency Law Committee, Mr. Gurfein received a B.A. from New York University and a J.D. from George Washington University School of Law.

Leib Lerner’s practice is focused on representing franchisors, lenders, creditors’ committees, avoidance action defendants, landlords, vendors, and investors involved in bankruptcy cases. He also represents insurance companies, corporations, and individuals in complex federal and state commercial litigation. Leib is a partner in Alston & Bird’s Los Angeles office.

In 2015, 103 decisions rendered by the Ninth Circuit Bankruptcy Appellate Panel (the "BAP") were further appealed to the Ninth Circuit Court of Appeals (the "Ninth Circuit"). Many of these appeals were dismissed, settled, or otherwise withdrawn from the appellate process by the litigants themselves. But of those BAP cases that were decided by the Ninth Circuit in 2015, all were affirmed.

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