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9th Circuit

Hawkins, III v. The Franchise Tax Board of CA

Citation: 
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling: 
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions were "taken with the specific intent to evade the tax."
Judge(s): 
Kleinfeld, Thomas, and Rawlinson (dissent).
Read on...

Rupanjali v. Check into Cash of Washington, Inc

Citation: 
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling: 
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred to recover damages.
Judge(s): 
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Read on...

Debilio v. Golden (In re Debilio)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1441-TaPaKi (September 11, 2014)
Ruling: 
Order approving sale of assets by chapter 7 trustee to ex-wife of debtor vacated and remanded because the bankruptcy court failed to make any findings in support of the decision.
Judge(s): 
Taylor, Pappas, and Kirscher
Read on...

Cruz v. Stein Strauss Trust (In re Cruz)

Citation: 
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling: 
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it was property of the Debtor. Therefore, ...
Judge(s): 
Honorable KIRSCHER, TAYLOR and DUNN.
Read on...

Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti)

Citation: 
Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti), BAP No. CC-14-1019-TaPaKi (BAP 9th Cir. August 25, 2014)
Ruling: 
BAP affirmed bankruptcy court's application of issue preclusion to certain issues from state court default judgment to motion for summary judgment, but reversed bankruptcy court's finding that state court default judgment regarding debtor's subjective state of mind was entitled to ...
Judge(s): 
Taylor, Pappas, Kirscher
Read on...

Barragan v. Brazil (In re Barragan)

Citation: 
In re Barragan, BAP No. NC 13 1558 KuDJu (9th Cir. B.A.P. Aug. 26, 2014).
Ruling: 
A bankruptcy court lacks jurisdiction over an adversary proceeding having no relation to a bankruptcy case pending when the complaint was filed, even if the plaintiff files a bankruptcy petition after filing the complaint. Not-for-publication memorandum decision.
Judge(s): 
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
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Mastro v. Rigby

Citation: 
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling: 
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent transfer.
Judge(s): 
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Read on...

America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation: 
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling: 
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s definition of actual damages.
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Read on...

Bechtold v. Gillespie (In re Gillespie)

Citation: 
Ninth Circuit BAP No. CC-13-1455-KuDJu
Ruling: 
Attorney's fees incurred post-petition are properly awarded against Debtor when Debtor voluntarily returns to the litigation fray as happened in the current case. Debtor could have forfeited his litigation rights and the discharge shield would have protected him. ...
Judge(s): 
Kurtz, Dunn, and Jury, Bankruptcy Judges.
Read on...

Mwangi v. Wells Fargo Bank (In the Matter of Mwangi)

Citation: 
Case No. 12-16087
Ruling: 
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four bank accounts held by Debtor. The panel determined that ...
Judge(s): 
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Read on...
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