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9th Circuit

Deluca v. Cuomo (In re Cuomo)

Citation: 
BAP No. NV-13-1294
Ruling: 
In an unpublished opinion, the 9th Circuit BAP affirmed the imposition of asanction of the partial disgorgement of the fees of a Chapter 7 debtor's counsel for failure to list a known debt on the debtor's schedules.
Judge(s): 
Pappas, Jury, Houle
Read on...

Braun v. Nevada State Bank (In re Braun)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, No. NV-13-1559-PaJuHl (October 20, 2014)
Ruling: 
Order affirming decision of the bankruptcy court valuing certain real property in connection with determining the amount of a secured creditor’s deficiency claim.
Judge(s): 
Pappas, Jury and Houle
Read on...

The Bankruptcy Law Firm, PC v. Siegel (In re Waksberg)

Citation: 
In re Waksberg, BAP No. CC-14-1102-DTaSp (9th Cir. B.A.P. Oct. 15, 2014).
Ruling: 
Two chapter 7 estates should not be substantively consolidated over the material substantive objection of an administrative claimant against one estate. Not for publication memorandum decision.
Judge(s): 
Randall L. Dunn, Laura S. Taylor, and Gary A. Spraker, Bankruptcy Judges. (Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, was sitting by designation.)
Read on...

Chan v. DRM Enterprises, LLC (In re Chan)

Citation: 
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling: 
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was non-dischargeable under section 523(a)(2)(A) of the Bankruptcy Code because the debtor ...
Judge(s): 
Taylor, Dunn, and Spraker, Bankruptcy Judges
Read on...

Glasser v. Blixseth (In re Yellowstone Mountain Club, LLC)

Citation: 
No. 14-35159 (October 9, 2014) (not for publication)
Ruling: 
The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a motion to vacate the injunction.
Judge(s): 
KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.
Read on...

P.R. Electric Power Authority v. Wiscovitch-Rentas

Citation: 
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling: 
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the bankruptcy court to determine whether electricity constitutes a “good” entitled to administrative expense treatment under ...
Judge(s): 
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Read on...

Dye v. Sachs (In re Flashcom, Inc.)

Citation: 
9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)
Ruling: 
Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no intervening rights have vested in reliance thereon. The 9th ...
Judge(s): 
Honorable Kurtz, Davis, and Kirscher
Read on...

Campos v. Aleman (In re Aleman)

Citation: 
Campos v. Aleman (In re Aleman), No. 12-60084 (9th Cir. Oct. 7, 2014)
Ruling: 
Affirmed the BAP's dismissal of the appeal as moot.
Judge(s): 
Fletcher, Rawlinson, and Christen.
Read on...

Meehan v. Ocwen Loan Servicing, LLC (In re Meehan)

Citation: 
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling: 
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a debtor to have standing to pursue claims in an ...
Judge(s): 
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Read on...

Rivera v. Curry (In re Rivera)

Citation: 
No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
Ruling: 
Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
Judge(s): 
Kurtz, Davis, and Kirscher.
Read on...
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