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9th Circuit

Drury v. U.S. Trustee (In re Drury)

Citation: 
In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.
Ruling: 
In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.
Judge(s): 
Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.
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Picerne Construction Corp. v. Castellino Villas, A.K.F. LLC (in re Castellino Villas, A.K.F. LLC)

Citation: 
In re Castellino Villas, A.K.F. LLC, No. 12-57186 (9th Cir. Sep. 6, 2016). Published.
Ruling: 
A chapter 11 debtor that continues after plan confirmation to defend a creditor’s prepetition lien-enforcement action has not “returned to the fray,” and the creditor’s postpetition attorney-fee claim is discharged.
Judge(s): 
Michael J. Melloy, Senior Circuit Judge for the Eighth Circuit Court of Appeals, and Jay S. Bybee and Sandra S. Ikuta, Ninth Circuit Judges. Opinion by Judge Ikuta.
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Uecker v. Bennett (In re Mortgage Fund '08 LLC)

Citation: 
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling: 
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the proper construction of the terms "REL Transfer," "Paid by REL," and "Any Third Party" ...
Judge(s): 
Jury, Kirscher, Taylor
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Bencomo v. Avery (In re Bencomo)

Citation: 
In re Bencomo, No. CC 15-1442-DKuF (9th Cir. B.A.P. Aug. 8, 2016). Not for publication.
Ruling: 
The bankruptcy court failed to consider whether the chapter 7 debtor’s use of homestead proceeds to make residential rent payments qualified as reinvestment under Cal. Code Civ. P. § 704.720(b).
Judge(s): 
Randall L. Dunn, Frank L. Kurtz, and Robert J. Faris, Bankruptcy Appellate Panel Judges.
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Bushkin v. Singer (In re Bushkin)

Citation: 
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling: 
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Judge(s): 
Kirscher, Kurtz, Faris
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Adeli v. Barclay (In re Berkley Delaware Court, LLC)

Citation: 
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling: 
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor was a good faith purchaser of the ...
Judge(s): 
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
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Vizconde v. McCandless (In re Carrera)

Citation: 
In re Carrera, No. NC-15-1383-KiTaJu (9th Cir. B.A.P. Aug. 16, 2016). Not for publication.
Ruling: 
A chapter 13 debtors’ lawyer’s involvement in two bad-faith chapter 13 filings warranted FRBP 9011 monetary sanctions on the bankruptcy court’s own motion.
Judge(s): 
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Appellate Panel Judges.
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Liquidating Trust Committee of the Del Biaggio Liquidating Trust v. David Freeman (In re William James Del Biaggio, III)

Citation: 
Ninth Circuit Court of Appeals, No. 13-17500 ((August 22, 2016)
Ruling: 
General unsecured claim against individual debtor was properly subordinated pursuant to section 510(b) of the Bankruptcy Code because claim arose from an equity investment in an affiliate of the debtor.
Judge(s): 
Kozinski, Noonan and O'Scannlain
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Velasquez v. Bank of America, N.A. (In re Velasquez)

Citation: 
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling: 
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity and amount, and debtor failed to present adequate ...
Judge(s): 
Taylor, Jury, Kirscher
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Velasquez v. Burchard (In re Velasquez)

Citation: 
9th Cir. BAP No. NC-15-1175-TaJuKi (August 9, 2016) (unpublished)
Ruling: 
9th Cir. BAP affirmed bankruptcy court's dismissal of Chapter 13 case under Section 1307(c)(1) due to unreasonable delay detrimental to creditors.
Judge(s): 
TAYLOR, JURY, and KIRSCHER
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