Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

9th Circuit

America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling: 
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s definition of actual damages.
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Read on...

Bechtold v. Gillespie (In re Gillespie)

Citation: 
Ninth Circuit BAP No. CC-13-1455-KuDJu
Ruling: 
Attorney's fees incurred post-petition are properly awarded against Debtor when Debtor voluntarily returns to the litigation fray as happened in the current case. Debtor could have forfeited his litigation rights and the discharge shield would have protected him. ...
Judge(s): 
Kurtz, Dunn, and Jury, Bankruptcy Judges.
Read on...

Mwangi v. Wells Fargo Bank (In the Matter of Mwangi)

Citation: 
Case No. 12-16087
Ruling: 
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four bank accounts held by Debtor. The panel determined that ...
Judge(s): 
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Read on...

Racusin v. American Wagering, Inc. (In re American Wagering, Inc.)

Citation: 
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling: 
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees American Wagering, Inc. and Leroy's Horse & Sports Place contemplated interest ...
Judge(s): 
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
Read on...

Biixseth v. Eklund (In the Mater of BLX Group, Inc.)

Citation: 
Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).
Ruling: 
A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating trust. Not-for-publication memorandum decision.
Judge(s): 
Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.
Read on...

Galloway v. Ford (In re Galloway)

Citation: 
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as denied Debtors’ motion to abandon property. However, the ...
Judge(s): 
PAPPAS, KIRSCHER, and TAYLOR, Bankruptcy Judges.
Read on...

Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

Citation: 
9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
Ruling: 
The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based upon unpaid severance and unpaid bonus, rather than the "actual and ...
Judge(s): 
Kirscher, Taylor, and Dunn
Read on...

Moxley v. Perry (In re Perry)

Citation: 
9th Circuit BAP No. AZ-13-1438-TaPaKi (August 26, 2014)
Ruling: 
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and affirmed the bankruptcy court's ruling denying Moxley's motion for reconsideration. ...
Judge(s): 
Honorable Taylor, Pappas, and Kirscher
Read on...

Gould v. Red Hill Enterprises (In re Gould)

Citation: 
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling: 
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming bankruptcy court's application of issue preclusion/collateral estoppel.
Judge(s): 
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Read on...

Kallman & Co. v. Gottlieb (In re Lewis)

Citation: 
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order approving the sale of the bankruptcy estate’s interest in various state court claims against ...
Judge(s): 
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Read on...
Syndicate content