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9th Circuit

Deitz v. Ford ( In re Dietz)

Citation: 
9th Cir. No. 12-60036 (July 28, 2014) (for publication)
Ruling: 
Adopting in full the BAP opinion, In re Deitz,469 B.R. 11 (B.A.P. 9th Cir. 2012), the 9th Cir. affirmed the judgment of the bankruptcy court excepting debt from discharge pursuant to Section 523 (a)(2), (4), and (6), and awarding money ...
Judge(s): 
Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Read on...

Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan)

Citation: 
Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan), No. CC-13-1303-DKiTa (July 23, 2014)
Ruling: 
The bankruptcy court properly granted in rem and retroactive stay relief in a chapter 13 case. (Not-for-publication memorandum.)
Judge(s): 
Randall L. Dunn, Ralph B. Kirscher, and Laura S. Taylor, Bankruptcy Judges
Read on...

Schultze v. Chandler

Citation: 
12-1586
Ruling: 
Post-petition state law actions against court appointed professionals are core proceedings and therefore the bankruptcy court can enter final judgment in such matters.
Judge(s): 
Trott, Thomas, Murquia
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Hoskins v. Citigroup (In re Viola)

Citation: 
Ninth Circuit Case No. 12-60032 (July 16, 2014) (Unpublished)
Ruling: 
A "transferee” under 11 U.S.C. § 550(a)(1) is one who has legal title to the funds and the ability to use them as the recipient sees fit. This is the "dominion test". Allegations of open and exclusive control through ...
Judge(s): 
SILVERMAN, W. FLETCHER, and BYBEE
Read on...

Wackerman v. Bank of America

Citation: 
BAP E-13-1277-Ku (June 30, 2014) (Unpublished)
Ruling: 
The 9th Cir. BAP affirmed summary judgment, and denial of reconsideration, in favor of foreclosing Creditor. The Debtor contended that a foreclosure sale of his residence occurred just after, not just before, he filed his bankruptcy petition, and was ...
Judge(s): 
KURTZ, JURY and TAYLOR, Bankruptcy Judges.
Read on...

Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)

Citation: 
Kismet Acquisition, LLC v. Icenhower (In re Icenhower), No. 10-55933 (9th Cir. July 3, 2014).
Ruling: 
The bankruptcy court properly avoided the debtors’ prepetition and postpetition transfers of an interest in Mexican real property.
Judge(s): 
Jerome Ferris (author), N. Randy Smith, and Paul J. Watford, Circuit Judges
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Sethi v. Wells Fargo Bank (In re Sethi)

Citation: 
In re Sethi, 13-1312 (9th BAP June 30, 2014)
Ruling: 
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support its ruling; therefore, the bankruptcy court's ruling was vacated ...
Judge(s): 
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
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Shah v. Chowdaury (In re Chowdaury)

Citation: 
In re Chowdaury, 13-1346 (B.A.P. 9th Cir. 2014)
Ruling: 
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the ruling of the United States Bankruptcy Court for the Eastern District of California, denying the Creditor’s non-dischargeability action. The BAP found that the Creditor failed ...
Judge(s): 
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
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Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation: 
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling: 
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the Plaintiffs' Consolidated Amended Complaint ("CAC"). The denial ...
Judge(s): 
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Read on...

USACM Liquidating Trust v. Deloitte &Touche

Citation: 
No 11-15626 (9th Cir., June 6, 2014)
Ruling: 
The Court of Appeals for the Ninth Circuit, amending its opinion dated February 18, 2014, AFFIRMED the decision of the district court, and denied debtor's petition for a rehearing.
Judge(s): 
J. Clifford Wallace, Sandra S. Ikuta, and Marvin J. Garbis.
Read on...
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