9th Circuit

Hussain v. Malik (In re Hussain)

Citation: 
BAP No. CC-13-1465-TaDKi (B.A.P. 9th Cir. Apr. 15, 2014)
Ruling: 
Affirming the bankruptcy court, the Bankruptcy Panel of the Ninth Circuit held that the bankruptcy court did not commit error in denying the debtor's discharge under section 727(a)(3) of the Bankruptcy Code. First, the panel held that the Maliks ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER
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Schwartz-Tallard v. America's Servicing Co

Citation: 
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling: 
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded from recovering, as damages, attorneys’ fees for defending ...
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
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Palladino v. E&B Natural Resources Management Corp. (In re South Coast Oil Corp.)

Citation: 
Palladino v. E&B Natural Resources Management Corp. (In re South Coast Oil Corporation), No. 12-56403 (9th Cir. Mar. 2014)
Ruling: 
The Ninth Circuit, in a not for publication decision, denied the appellant's appeal of the district court's dismissal of his appeal of the bankruptcy court's order authorizing the Chapter 11 trustee to sell the debtor's interest in stock of a ...
Judge(s): 
Paez, Nguyen, Motz
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Spokane Law Enforcement FCU v. Barker (In re Barker)

Citation: 
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed proof of claim in a chapter 13 case ...
Judge(s): 
JURY, KURTZ, and PAPPAS,
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Cathay Enterprises, Inc. v. Design Trend International Interiors Ltd. (in the Matter of Cathay Enterprises, Inc.)

Citation: 
Cathay Enterprises, Inc. v. Design Trend Int'l Interiors Ltd. (In re Cathay Enterprises, Inc.), No. 12-15650 (9th Cir. Mar. 31, 2014) (unpublished)
Ruling: 
The Ninth Circuit affirmed the district court's judgment in favor of defendant as to liability, but reversed and remanded for the calculation of prejudgment interest and attorneys' fees. As to liability, the Ninth Circuit affirmed the district court's reversal ...
Judge(s): 
Wallace, McKeown, and Gould
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Luxury Jewels, LLC v. Akers (In re Aroonsakool)

Citation: 
No. SC-13-1206-JuKuPa (9th Cir. BAP March 28, 2014)
Ruling: 
Affirms the bankruptcy court's order for substantive consolidation nunc pro tunc to the debtors' petition date.
Judge(s): 
Jury, Kurtz, and Pappas.
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Aftandilian v. Prestige Management Group, LLC

Citation: 
Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
Ruling: 
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the Bankruptcy Court did not err in denying the ...
Judge(s): 
Kurtz, Pappas, Tayor
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Gaskin v. Barstow (In re Dockweiler)

Citation: 
9th Cir. (B.A.P) Case no Ak-13-1157 - Filed March 28, 2014
Ruling: 
DISMISSAL due to lack of jurisdiction rendering the appeal as MOOT.
Judge(s): 
Jury, Kurtz, and Pappas.
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Kelly v. Merrill (In re Merrill)

Citation: 
BAP Case No. CC-13-1370-KuPaTa
Ruling: 
Affirmed a bankruptcy court's ruling that a lender's reliance on a guarantor's misrepresentations in a loan application was not reasonable. Also affirmed on an alternative ground that the lender did not "actually rely" on the guarantor's application in making ...
Judge(s): 
Ninth Circuit BAP Panel: Kurtz, Pappas and Taylor.
Bankruptcy Judge: Zive
Not worthy of a summary? Why?: 
Unpublished decision
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Sharp v. Bryan Cave LLP (In the Matter of Estate Financial Mortgage Fund, LLC)

Citation: 
Case Nos. 12-56009 and 12-56011 (9th Cir. Mar. 24, 2014) [Not for Publication]
Ruling: 
In an unpublished memorandum decision, the Ninth Circuit reversed the district court and remanded for further proceedings, holding as follows. Under California law, a client who engages in wrongdoing in reliance on a lawyer's negligent legal advice may be ...
Judge(s): 
Farris, N.R. Smith, Watford
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