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9th Circuit

Pryor v. RW Investment Co., Inc. (In re Pryor)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1526-KiBrD (August 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Debtor's motion. There is a high burden on a party seeking relief from a judgment based on fraud on the court. The Debtor did ...
Judge(s): 
KIRSCHER, BRANDT2 and DUNN, Bankruptcy Judges
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Domum Locis, Inc. v. LLoyds TSB Bank PLC (In re Domum Locis, Inc.)

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP Nos. CC-14-1571 and CC-14-1572
Ruling: 
Transfer of title to property in violation of order appointing a receiver is not void and title to the property becomes property of the transferee's bankruptcy estate.
Judge(s): 
Dunn, Kirscher and Brandt
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Cote v. Al V., Inc. (In re Cote)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1025-TaPaJu (July 27, 2015)
Ruling: 
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of fraud was appropriate only if Debtor knew that he could not ...
Judge(s): 
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
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Bos v. Board of Trustees

Citation: 
In re Gregory Bos, No. 13-15604 (9th Cir. July 30, 2015).
Ruling: 
Debtor was not § 523(a)(4) fiduciary when he failed to make contributions to ERISA employee-benefit funds.
Judge(s): 
Diarmuid F. O’Scannlain and Sandra S. Ikuta, Circuit Judges, and Larry A. Burns, District Judge (S.D. Cal.), sitting by designation.
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Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling: 
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan. The bankruptcy court provided proper notice of the ...
Judge(s): 
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
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Double Bogey, L.P. v. Enea

Citation: 
(9th Cir. Case No. 13-15809; July 22, 2015)
Ruling: 
Establishing an individual debtor is the alter-ego of a statutory entity controlled by the debtor is insufficient in itself to find the individual debtor is also the fiduciary of the entity's creditors under the Section 523(a)(4) dischargeability exception. Section 523(a)(4)'s ...
Judge(s): 
Diarmuid F. O'Scannlian and Sandra S. Ikuta, Circuit Judges and Larry A. Burns, District Judge sitting by designation
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Chantel v. Pierce (In re Chantel)

Citation: 
9th Cir. BAP No. AZ–14-1511 and AZ-14-1514-PaJuKi (July 1, 2015) (unpublished)
Ruling: 
The 9th Cir. BAP held that Debtor's Trust was their "alter ego;" that the assets held in Trust were property of the estate that must be turned over to the Chapter 7 Trustee; and that the Debtors' discharge was properly ...
Judge(s): 
PAPPAS, JURY, and KIRSCHER, Bankruptcy Judges.
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Boukatch v. Midfirst Bank (In re Boukatch)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. AZ-14-1483-KiPaJu (July 9, 2015)
Ruling: 
In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to avoid a lien on their principal residence. The BAP ...
Judge(s): 
KIRSCHER, PAPPAS and JURY, Bankruptcy Judges.
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MacKenzie v. Neidorf (In re Neidorf)

Citation: 
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling: 
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s): 
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
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Arden v. Silas (In re Arden)

Citation: 
BAP Nos. CC-14-1186-DTaKu (July 2, 2015) (unpublished)
Ruling: 
Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the results in the malicious prosecution action did not establish ...
Judge(s): 
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
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