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9th Circuit

In re Beltway One Development Group, LLC

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling: 
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if the creditor is entitled to such interest under applicable ...
Judge(s): 
Kirscher, Dunn and Jury
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Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their plan payments. The BAP held that the motion was timely and ...
Judge(s): 
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
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Morris, et al. v. Davis (In re Morris)

Citation: 
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the motion to settle as fair and equitable. Bankruptcy court ...
Judge(s): 
Faris, Jury, Kirscher
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Beck v. Wells Fargo Home Mortgage (In re Beck)

Citation: 
9th Cir. BAP No. NC-15-1095-JuKuW (March 1, 2016) (unpublished)
Ruling: 
Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's denial of Debtor's Motion to Correct, ...
Judge(s): 
JURY, KURTZ, and WANSLEE, Bankruptcy Judges.
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Mendez v. Harwood (In re Harwood)

Citation: 
9th Cir. BAP No. NC-15-1055-DTaKu (April 8, 2016) (unpublished)
Ruling: 
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
Judge(s): 
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
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Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation: 
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order denying debtor's homestead exemption. The bankruptcy court’s conclusion was ...
Judge(s): 
Kirscher, Faris, and Jury
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Arriola v. Naylor (In re Arriola)

Citation: 
9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
Ruling: 
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a full and fair opportunity to appeal prior ...
Judge(s): 
KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
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Arnot v. Endersen, et al. (In re Endersen)

Citation: 
In re Endresen, No. OR-15-1141-KiFJu (9th Cir. B.A.P. Apr. 8, 2016).
Ruling: 
Assignment to a trust-deed beneficiary of proceeds of damage to the property gave the beneficiary a lien on funds paid in settlement of construction-defect litigation, notwithstanding 552. Published.
Judge(s): 
Ralph B. Kirscher, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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In the Matter of Sunnyslope Housing Limited Partnership

Citation: 
Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
Ruling: 
For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the value of the senior lender's interest. ...
Judge(s): 
Kozinski, Paez and Clifton
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Murtaza v. Sigmund, et al. (In re Murtaza)

Citation: 
In re Murtaza, No. CC-15-1075-KuFTa (9th Cir. B.A.P. Feb. 4, 2016).
Ruling: 
A bankruptcy court may not grant summary judgment in a 727(a)(4)(A) action absent the debtor’s admission that she knowingly and fraudulently made errors and omissions in her schedules and statement of financial affairs. Not-for-publication memorandum.
Judge(s): 
Frank L. Kurtz, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
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