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9th Circuit

Warren v. Young (In re Warren)

Citation: 
marked not for publication
Ruling: 
In an unpublished opinion, the 9th Circuit B.A.P. affirmed the Bankruptcy Court's order dismissing for cause a reopened Chapter 11 case after the debtors failed to pay several creditors despite paying other creditors during the 4 plus years following plan ...
Judge(s): 
Pappas, Jury, Kurtz
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Bella Sera Homeowners' Assoc. v. Pack (In re Pack)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NV-14-1375-KuDJu
Ruling: 
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") ruled that both bankruptcy court's orders "stripping off" Bella Sera Homeowner's Association ("Bella") lien and confirming Gwendolyne Pack's ("Debtor") chapter 11 plan incorrectly interpreted Nevada law. However, the ...
Judge(s): 
KURTZ, DUNN and JURY, Bankruptcy Judges
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Hillsman v. Escoto (In re Escoto)

Citation: 
In re Escoto, BAP No. NV-14-1358-KuDJu (9th Cir. B.A.P. May 15, 2015).
Ruling: 
A debtor’s concealment from a creditor of an event that triggers a creditor’s right to immediate payment of a loan constitutes an extension of credit under section 523(a)(2)(A). Not-for-publication memorandum.
Judge(s): 
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
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Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In re Halloum)

Citation: 
9th Cir. BAP Case No. EC-14-1219-JuKuPa (May 19, 2015)
Ruling: 
Bankruptcy Court findings of fact were insufficient to support a disputed fee award where Debtor claimed that Counsel had agreed to flat fee of $40,000 for chapter 11 filing. Order awarding fees was vacated and case remanded to allow bankruptcy ...
Judge(s): 
Jury, Kurtz, and Pappas, Bankruptcy Judges
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Plyam v. Precision Development, LLC (In re Plyam)

Citation: 
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must apply the forum's state law of issue preclusion. Even ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
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Stahl v. Simon (In re Adamson Apparel, Inc.)

Citation: 
No. 12-57059 / D.C. No. 2:11-cv-01204-VAP
Ruling: 
In a 2-1 decision (with a dissenting opinion), the Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s judgment in favor of and absolving the debtor’s insider from any preference liability.
Judge(s): 
GILMAN, GRABER and CALLAHAN, Circuit Judges
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Elliott v. Weil (In re Elliott)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1321-PaKiTa (April 22, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's summary judgment decision to revoke the debtor's discharge. Section 727(e) is a non-waivable statute of repose, and its time limits are not subject to tolling. Therefore, the ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
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Mahakian v. William Maxwell Investments, LLC (In re Mahakian)

Citation: 
BAP No. NV-14-1115-JuKuD (April 13, 2015)
Ruling: 
The BAP held that the Debtor's failure to schedule a creditor in an asset chapter 7 case, such that the creditor did not have notice and thus did not timely file a proof of claim, meant that pursuant to the ...
Judge(s): 
JURY, KURTZ, and DUNN, Bankruptcy Judges.
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Heers v. Parsons (In re Heers)

Citation: 
Heers v. Parsons (In re Heers) - B.R. - (9th Cir. B.A.P. April 15,2015)
Ruling: 
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's finding that the Debtor (Appellant) actions rose to the level of denying a discharge as to debts related a mishandling of a probate estate when Debtor had multiple negligent breaches of her ...
Judge(s): 
Dunn, Jury, Kurtz (Dissent)
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CA Franchise Tax Board v. Wilshire Courtyard (In re Wilshire Courtyard)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, BAP No. CC-10-1275-SaPaki (April 7, 2015)
Ruling: 
Bankruptcy court order determining that characterization of transaction in confirmed plan was binding on taxing authority was reversed. Upon de novo review, bankruptcy court order determining that transaction was a restructure and not a sale, so the transaction resulted ...
Judge(s): 
Sargis, Pappas and Kirscher
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