Lapierre v. Advanced Medical Spa Inc. (In re Advanced Medical Spa Inc.)

Citation:
EC-16-1087-KuMaJu (9th Circuit, Nov 28,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court applied an incorrect standard of proof when balancing the relative harms to the parties in its denial of a stay relief motion.

Judge(s):
Kurtz, Martin, Jury
Tag(s):

Blixseth v. Brown (In re Yellowstone Mountain Club, LLC)

Citation:
14-35363 (9th Circuit, Nov 28,2016) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:

The Barton doctrine, which requires permission of the bankruptcy court to sue a bankruptcy trustee in any court other than the bankruptcy court, applies to actions against members...

Judge(s):
Kozinski, Paez and Berzon
Tag(s):

Green v. Howard Family Trust Dated August 21, 1998 (In re Green)

Citation:
NV-15-1349-KiLDo (9th Cir. BAP) (9th Circuit, Nov 09,2016) Not Published
Case Status:
Affirmed
Ruling:

9th Cir. BAP affirmed order converting Chapter 11 case to Chapter 7 as a bad faith filing to avoid entry of state court embezzlement judgment.

Judge(s):
KIRSCHER, LAFFERTY and DORE
Tag(s):

Gately v. Moore (In re Gately)

Citation:
Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Ray v. Deutsche Bank National Trust Co. (In re Ray)

Citation:
Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)
Ruling:
Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Ozenne v. Chase Manhattan Bank (In re Ozenne)

Citation:
Ozenne v. Chase Manhattan Bank (In re Ozenne), Case No. 11-60039 (9th Cir. Nov. 9, 2016) (en banc)
Ruling:
Sitting en banc, the Ninth Circuit vacated the BAP's order and remanded the case with instruction to dismiss the mandamus petition for lack of jurisdiction.
Judge(s):
Thomas, Kozinski, Graber, McKeown, Paez, Berzon, Callahan, Smith, Watford, Owens, Friedland
Tag(s):

Merrill v. Bessler (In re Bessler)

Citation:
BAP No. NV-15-1427-LDoKi (BAP 9th Cir. Nov. 1, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit reversed and remanded the ruling of the bankruptcy court (D. Nev.) dismissing plaintiff's adversary complaint for failure to prosecute after plaintiff failed to appear...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Halloum v. Kasolas (In re Halloum)

Citation:
BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) denying chapter 7 debtors' motion for leave to sue the chapter 7 trustee. The bankruptcy court correctly applied...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

The Golden 1 Credit Union v. Hopper (In re Ahrens)

Citation:
The Golden 1 Credit Union v. Hopper (In re Ahrens), Case No. EC-16-1065-JuKuMa/EC-16-1117-JuKuMa (consolidated) (9th Cir. B.A.P. Oct, 27, 2016) (unpublished)
Ruling:
Bankruptcy court orders (1) sustaining chapter 7 trustee's objection to creditor's proof of claim, (2) disallowing unsecured portion of creditor's proof of claim, (3) awarding attorney's fees and...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

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