The Ninth Circuit’s Bankruptcy Appellate Panel Holds That a Non-Debtor Spouse May Purchase a Debtor’s Claims Under Section 363(i) When a Third Party’s Prior Purchase of the Same Claims Was Not Consummated (e.g. Payment Was Not Tendered)
The Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") recently issued the opinion, Kallman & Co. LLP Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi (9th Cir. BAP Aug. 20, 2014), which held that a non-debtor spouse may purchase a debtor's claims under...