9th Circuit

First Yorkshire Holdings, Inc. v. Pacifica L 22, LLC (In re First Yorkshire Holdings, Inc.)

Summarized by John Marck, St. John's University School of Law 4 days 16 hours ago
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Citation: 
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling: 
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by failing to make any findings on the equity and value of ...
Judge(s): 
KIRSCHER, MARKELL, and HOLLOWELL
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Meyer v. Renteria (In re Renteria)

Summarized by Laury Macauley, Lewis and Roca LLP 5 days 16 hours ago
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Citation: 
Meyer v. Renteria (In re Renteria), -- B.R.-- (9th Cir.B.A.P. May 4, 2012)
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit held that a Chapter 13 plan does not "unfairly discriminate" between classes of creditors within the meaning of Bankruptcy Code Section 1322(b)(1), even if it separately classifies a general unsecured consumer debt ...
Judge(s): 
Markell, Pappas and Dunn, Bankruptcy Judges
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Meyer v. Lepe (In re Lepe)

Summarized by Maeghan McLoughlin, Klestadt & Winters, LLP 5 days 18 hours ago
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Citation: 
Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling: 
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the Trustee's assertions, it is never appropriate to view ...
Judge(s): 
Judge Papas, Judge Dunne, and Judge Markell
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Cedano v. Aurora Loan Services, LLC (In re Cedano)

Summarized by Scott Gautier, Peitzman Weg LLP 1 week 5 days ago
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Citation: 
Cedano v. Aurora Loan Services, LLC, Case No. SV 10-18618, Adv. No. SV 10-01534, BAP No. CC-11-1189 (April 9, 2012)
Ruling: 
BAP affirmed the Bankruptcy Court ruling dismissing adversary action pursuant to FRCP 12(b)(6) because the Debtor failed to state claims upon which relief could be granted.
Judge(s): 
Hollowell, Kirscher and Markell
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Jefferies v. Carlson (In re Jefferies)

Summarized by Samuel Schwartz, The Schwartz Law Firm, Inc. 2 weeks 17 hours ago
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Citation: 
2012 WL 1497904 (9th Cir.BAP (Wash.))
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals affirmed the decision of the Bankruptcy Court, sustaining the Chapter 7 Trustee’s objection to the Debtor’s exemption of homestead, finding that the exemption did not apply to the sale ...
Judge(s): 
Honorable Eileen W. Hollowell, Honorable Ralph B. Kirscher, and Honorable Meredith A. Jury
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Wolfe v. Jacobson (In re Jacobson)

Summarized by Edward Malpass, Law Offices of T. Edward Malpass 3 weeks 13 hours ago
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Citation: 
Not available.
Ruling: 
The Ninth Circuit reversed the decision of the Bankruptcy Court and the Bankruptcy Appellate Panel, resolving issues arising from a Chapter 7 Trustee’s action to recover property. On the first issue, the Trustee alleged in his turnover action that ...
Judge(s): 
Ferris, Fletcher, Hellerstein (by designation)
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Deitz v. Ford (In re Deitz)

Summarized by Jamie Edmonson, Bayard, P.A. 3 weeks 20 hours ago
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Citation: 
BAP No. EC-11-1427-PaDMk (Apr. 23, 2012)
Ruling: 
Notwithstanding possible Stern v. Marshall implications, the Bankruptcy Appellate Panel of the Ninth Circuit held that a judgment against the debtor was excepted from discharge under Bankruptcy Code sections 523(a)(2)(A), (a)(4), and (a)(6).
Judge(s): 
PAPPAS, DUNN, MARKELL (Bankruptcy Judges)
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State of California Employment Development Dept. v. Hansen (In re Hansen)

Summarized by Laury Macauley, Lewis and Roca LLP 3 weeks 5 days ago
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Citation: 
State of California Employment Development Dept. v. Hansen (In re Hansen), --B.R.-- (9th Cir. B.A.P. April 18, 2012)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel held that unemployment taxes assessed by the State of California's Employment Development Department do not constitute priority taxes under Bankruptcy Code Section 507(a)(8)(C) and therefore did not give rise to a nondischargeable debt pursuant ...
Judge(s): 
Markell, Pappas and Dunn, Bankruptcy Judges.
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Mattson v. Howe (In re Mattson)

Summarized by Jason Wax, Wax Law PLLC 4 weeks 18 hours ago
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Citation: 
Mattson v. Howe (In re Mattson), Ch. 13 Case No. 10-50455, BAP No. WW-11-1478-JuHKi (9th Cir. BAP Apr. 5, 2012)
Ruling: 
Subject to the good faith requirements of Section 1329, and the Court's discretion, a debtor may modify his or her plan to reduce the term below the applicable commitment period required for an original plan if such modification is justified ...
Judge(s): 
Lynch; Jury; Hollowell; and Kirscher
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Friedman v. P+P, LLC (In re Friedman)

Summarized by Lovee Sarenas, U.S. Bankruptcy Court, Central District of California 4 weeks 1 day ago
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Citation: 
None as of yet
Ruling: 
In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter 11 debtor cases. The majority explained that the ...
Judge(s): 
Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury
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