9th Circuit

Sharma v. Salcido (In re Sharma)

Summarized by Joel Newell, Lane & Nach, P.C. 5 days 1 hour ago
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Citation: 
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling: 
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's allegations to support determination of liability. BAP further affirmed the ...
Judge(s): 
Markell, Taylor, Montali (9th Cir. BAP)
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Fuchs & Associates, Inc. v. Lesso (In re Lesso)

Summarized by Jeremy Ficarola, University of Miami SOL Pro Bono Bankruptcy Clinic 1 week 12 hours ago
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Citation: 
BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)
Ruling: 
Appellant law firm, Fuchs & Associates, Inc. ("FAAI"), has no standing to object or receive proceeds to Elke Lesso's ("Debtor") section 363(f) sale of real property "free and clear" because the Family Court held that FAAI was not a bona ...
Judge(s): 
Markell, Taylor, Montali (9th Cir. BAP)
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R. Meruelo v. Meruelo Maddux Properties, Inc. (In re Meruelo Maddux Properties, Inc.)

Summarized by Emil Khatchatourian, United States Bankruptcy Court for the Eastern District of California 1 week 6 days ago
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Citation: 
BAP No. CC-12-1304-TaMoMk (B.A.P. 9th Cir. May 6, 2013) (NOT FOR PUBLICATION)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order disallowing Claims (only with respect to guaranty liabilities and bankruptcy legal fees) and REMANDED the matter to the bankruptcy court so that it may make required findings ...
Judge(s): 
TAYLOR, MONTALI (sitting by designation), and MARKELL
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Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.)

Summarized by James Portman Webster, James Portman Webster Law Office, PLC 2 weeks 4 days ago
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Citation: 
11-56677 D.C. No. 2:10-cv-00647-AG
Ruling: 
The Ninth Circuit VACATED the District Court's decision (which affirmed the Bankruptcy Court) and REMANDED to the District Court. Finding contrary to the District Court, the Ninth Circuit held that a court has the authority to re-characterize a purported ...
Judge(s): 
CALLAHAN, IKUTA AND HURWITZ
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Seymour v. Bank of America, N.A. (In re Seymour)

Summarized by Tom Phinney, Parkinson Phinney 3 weeks 1 day ago
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Citation: 
BAP No. EC-11-1669 (9th Cir. BAP) (entered April 23, 2013)
Ruling: 
BAP affirmed dismissal without leave to amend of the Debtor's adversary complaint seeking to enjoin Bank of America from foreclosing on the Debtor's residence. The BAP held that the Debtor lacked standing because the lawsuit was based upon prepetition ...
Judge(s): 
Markell, Dunn, Jury
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Pineda v. Bank of America, N.A. (In re Pineda)

Summarized by Margreta Morgulas, Stutman, Treister & Glatt PC 3 weeks 4 days ago
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Citation: 
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's ("Debtor") adversary proceeding, which was commenced after the Chapter 7 trustee ("Trustee") ...
Judge(s): 
Bankruptcy Judges Markell, Dunn and Jury
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USACM Liquidating Trust v. Deloitte & Touche

Summarized by Eryk Escobar, United States Bankruptcy Court, Central District of California 3 weeks 5 days ago
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Citation: 
D.C. No. 2:08-cc-00461-PMP-PAL (Not for Publication)
Ruling: 
The United States Court of Appeals for the Ninth Circuit (the “Court”) affirmed the District Court’s summary judgment in favor of defendant Deloitte & Touche, LLP (“Deloitte”). The Court held that the District Court properly applied the sole actor ...
Judge(s): 
Wallace and Ikuta, Circuit Judges, and Garbis, Senior District Judge
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EVOQ Properties, Inc. v. Maddux (In re Meruelo Maddux Properties, Inc.)

Summarized by Elie Ian Herman, Pace Law School 3 weeks 6 days ago
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Citation: 
No. CC-12-1479-TaPaKi (9th Cir. B.A.P., April 15, 2013).
Ruling: 
Affirms ruling of the bankruptcy court on all three issues.
Judge(s): 
Taylor, Pappas, and Kirscher.
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Roth v. Educational Credit Management Corp. (In re Roth)

Summarized by Joel Newell, Lane & Nach, P.C. 4 weeks 4 days ago
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Citation: 
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling: 
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment discharging the Debtor's FFELP loans. The BAP entered its ruling ...
Judge(s): 
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.
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Singh v. Cusick (In re Singh)

Summarized by Holly Roark, Roark Law Offices 4 weeks 5 days ago
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Citation: 
BAP No. EC-11-1700-DJuMk, Adv. No. 11-02118-RHS, BK. No. 10-28544-RHS
Ruling: 
Debtor has no standing to claim wife's interest in tax refund where he specifically denied that he had any interest in the tax refund, did not schedule or exempt the funds, and the wife had not filed an answer to ...
Judge(s): 
Ronald H. Sargis
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