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9th Circuit

Zachary, et al. v. California Bank & Trust

Citation: 
Ninth Circuit Court of Appeals - No. 13-16402
Ruling: 
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Judge(s): 
Hurwitz, Paez, Murguia
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Elliott v. Weil (In re Elliott)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's position that California exemption laws apply.
Judge(s): 
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
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Roberts v. Pacific Resource Credit Union (In re Roberts)

Citation: 
9th Cir. BAP No. CC-14-1176-DKiG (Jan. 27, 2016) (unpublished}
Ruling: 
Debtor's misrepresentations of his income and expenses on his credit applications supported judgment declaring the credit card debts nondischargeable under § 523(a)(2)(A).
Judge(s): 
DUNN, KIRSCHER AND GAN
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Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively, “Franklin”) and affirmed the bankruptcy court's order confirming City of Stockton, California’s (“City”) first amended ...
Judge(s): 
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
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Zarate v. Umpqua Bank (In re Zarate)

Citation: 
9th Cir. BAP No. EC-14-1371-FDJu (Dec. 9, 2015) (unpublished)
Ruling: 
Bankruptcy court properly approved a compromise between Chapter 7 Trustee and Bank relating to the Debtor's fraud claims against Bank which had foreclosed on the Debtor's commercial property.
Judge(s): 
FARIS, DUNN, and JURY
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U.S. v. Martin (In re Martin)

Citation: 
In re Martin, BAP No. EC-14-1180-KuKiTa (9th Cir. B.A.P. Dec. 17, 2015). Published.
Ruling: 
A late-filed tax return can be a return under section 523(a)(1) if, among other things, the return represents an honest and reasonable attempt to satisfy the requirements of the tax law.
Judge(s): 
Frank L. Kurtz, Ralph B. Kirscher, and Laura S Taylor, Bankruptcy Appellate Panel Judges. Opinion by Judge Kurtz.
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Fear v. U.S. Trustee (In re Ruiz)

Citation: 
9th Cir. BAP No. EC-15-1133-DJuF (Dec. 11, 2015) (published)
Ruling: 
Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under Section 326. The case was remanded for further findings.
Judge(s): 
DUNN, JURY, and FARIS
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James, Sr. v. Guidry (In re Guidry)

Citation: 
James v. Guidry (In re Guidry), BAP No. CC-14-1531-TaKuKi, 2015 WL 8483726 (B.A.P. 9th Cir. Dec. 9, 2015)
Ruling: 
Reversing the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the Bankruptcy Court (1) erred in finding that a bankruptcy petition preparer violated section 110(b) and (c) of the Bankruptcy Code and (2) abused its discretion ...
Judge(s): 
Taylor, Kurtz, and Kirscher, Bankruptcy Judges
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Leslie Gladstone v. U.S. Bancorp

Citation: 
Gladstone v. U.S. Bancorp, No. 13-55773 (9th Cir. Jan. 8, 2016).
Ruling: 
A trustee may seek to avoid as fraudulent the debtor’s prepetition sale of a term life-insurance policy.
Judge(s): 
Sidney R. Thomas, Chief Judge, Consuelo M. Callahan, Circuit Judge, and James K. Singleton, Senior District Judge for the U.S. District Court for the District of Alaska, sitting by designation. Opinion by Chief Judge Thomas.
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Reliance Steel & Aluminum Co. v. Locklin (In re Locklin)

Citation: 
9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)
Ruling: 
in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's counsel's willful violation of the automatic stay. A stay violation is willful ...
Judge(s): 
Honorable KURTZ, FARIS and KIRSCHER.
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