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9th Circuit

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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U.S.A. v. Mousseau

Citation: 
U.S.A. v. Mousseau, No. 13-50645 (9th Cir. Apr. 10, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the district court, the Ninth Circuit Court of Appeals held that the district court did not err in denying debtor's motion to discharge his restitution obligation and to lift the restitution lien. The Mandatory Victims Restitution Act ("MVRA") ...
Judge(s): 
D.W. NELSON, TASHIMA, and CLIFTON, Circuit Judges
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Adam v. Dobin (In re Adam)

Citation: 
Adam v. Dobin (In re Adam), BAP No. CC-14-1416-PaKiTa (B.A.P. 9th Cir. Apr. 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in granting summary judgment that creditor's claim against debtor was excepted from discharge under section 523(a)(15) of the Bankruptcy Code. ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR
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Mastan v. Salamon (In re Salamon)

Citation: 
9th Circuit Bankruptcy Appellate Panel; Case No. CC-14-1334-PaKiTa (April 6, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order disallowing the amended proof of claim filed by chapter 7 trustee, Peter Mastan ("Mastan"). A condition precedent to a creditor's enjoyment of the status set forth in ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
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Plise v. Krohn (In re Plise)

Citation: 
Plise v. Krohn (In re Plise), BAP No. NV-14-1474-DJuKu (B.A.P. 9th Cir. April 6, 2015)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not commit reversible error when it disallowed debtor's ex-wife's proof of claim. The panel reasoned that the ex-wife was judicially estopped ...
Judge(s): 
DUNN, JURY, and KURTZ
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Todd v. Rothschild (In re Todd)

Citation: 
9th Cir BAP No. NV-14-1255-JuKuD (April 7, 2015) (Not for Publication)
Ruling: 
Based upon lack of subject matter jurisdiction, BAP vacated a bankruptcy court judgment determining the amount of a debtor's exemption in certain funds held in an account. The BAP held that a prior final order had determined that such ...
Judge(s): 
JURY, KURTZ, and DUNN, Bankruptcy Judges.
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Pryor v. Itec Financial, Inc. (In re Pryor)

Citation: 
CC-14-1365-KiKuD (9th Cir. BAP) April 6, 2015; Not for Publication
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling in part and vacated it in part. The BAP affirmed the denial of the Debtor's motion in relation to Fed.R.Civ.P., Rule 60(b)(1), (2), (3). The 1-year ...
Judge(s): 
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
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Shamam v. Motzkin (In re Shamam)

Citation: 
9th Cir. BAP No. CC-14-1274 and No. CC-14-1300
Ruling: 
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did not abuse it's discretion in refusing to set aside the ...
Judge(s): 
Taylor, Pappas, and Kirscher
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Pensco Trust Co. v. Tristar Esperanza Prop. (In re Tristar Esperanza Prop., LLC)

Citation: 
Case No. 13-60023 (9th Cir. CA April 2, 2015)
Ruling: 
The Ninth Circuit Court of Appeal affirmed the Ninth Circuit Bankruptcy Appellate Panel. Despite the creditor not having an equity interest on the petition date; creditor's claim had sufficient nexus or causal relationship between the claim and purchase of ...
Judge(s): 
Consuelo M. Callahan, Paul J. Watford, and John B. Owens, Circuit Judges
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Institute of Imaginal Studies v. Christoff (In re Christoff)

Citation: 
9th Cir. BAP No. NC-14-1336-PaJuTa
Ruling: 
Affirmed. Writing on an issue of first impression in the Ninth Circuit, the BAP Panel held that application of the Section 523(a)(8)(A)(ii) student loan discharge exception requires the debtor to have received actual funds to pay for the debtor's ...
Judge(s): 
Pappas, Jury, and Taylor, Bankruptcy Judges.
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