The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

9th Circuit

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Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)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
Read on...

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
Read on...

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 Not for publication.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.
Read on...

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
Read on...

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NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)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
Read on...

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
Read on...

Hundal v. Bronitsky (In re Hundal)

Citation: 
Hundal v. Bronitsky (In re Hundal), No. NC-15-1257-JuKiTa (9th Cir. BAP Aug. 16, 2015) (unpublished)
Ruling: 
Bankruptcy court order dismissing debtor's chapter 13 case after debtor failed to comply with court-imposed filing deadline affirmed.
Judge(s): 
Jury, Kirscher, Taylor
Read on...

Yu v. Nautilus, Inc. (In re Yu)

Citation: 
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling: 
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default judgment in pre-bankruptcy suit entered following debtor's active ...
Judge(s): 
Kurtz, Faris, Dunn
Read on...

Weilert v. Gwartz (In re Weilert)

Citation: 
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling: 
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s): 
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Read on...

Salven c. Galli (In re Pass)

Citation: 
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling: 
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the estate which the chapter 7 trustee sought to sell ...
Judge(s): 
Dunn, Taylor, Jury
Read on...
Syndicate content