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9th Circuit

Gronlund v. Anderson (In re Gronlund)

Citation: 
9th Cir. BAP No. CC-13-1566-KiTaPa (August 19, 2014)
Ruling: 
In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible, or without support in the record. Despite the Debtor volunteering ...
Judge(s): 
Hon. Kirscher, Taylor, and Pappas
Read on...

Haag v. Northwestern Bank (In re Haag)

Citation: 
9th Cir. (No. 12-60074), August 20, 2014 (unpublished)
Ruling: 
Bankruptcy court did not err when it denied Debtors' discharge under Section 727(a)(2) where Debtors stated they had moved $120,000 into a safe deposit box "to avoid the prying eyes and aggressive behavior" of a creditor, and spent some of ...
Judge(s): 
HAWKINS, THOMAS, and McKEOWN, Circuit Judges
Read on...

Diatom, LLC v. Committee of Creditors Holding (In re Gentile Family Indust)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1563-KiTaD (August 19, 2014)
Ruling: 
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue and were given ample time to ...
Judge(s): 
Kirscher, Taylor and Dunn
Read on...

Mcallistaer v.Krengel Spamer & Vance, LLC

Citation: 
Mcallistaer v.Krengel Spamer & Vance, LLC (In re McAllister), No. CC-13-1578-BlPaKu (9th Cir. B.A.P. Aug. 13, 2014)
Ruling: 
REVERSED and REMANDED for further proceedings to resolve genuine issues of material fact as to intent under section 727(a)(2).
Judge(s): 
Blumenstiel, Pappas, and Kurtz.
Read on...

Bagley v. U.S.A. (In re: Desert Capital Reit, Inc.)

Citation: 
Bagley v. U.S.A. (In re Desert Capital REIT, Inc.), BAP Nos. NV-13-1233-KiTaJu & NV-13-1250-KiTaJu (BAP 9th Cir. Aug. 11, 2014)
Ruling: 
The 9th Circuit BAP affirmed the ruling of the U.S. Bankruptcy Court for the District of Nevada. The bankruptcy court properly granted the U.S. (IRS) summary judgment in allowing its claim. The bankruptcy court properly ruled that no ...
Judge(s): 
Kirscher, Taylor, Jury
Read on...

Toste v. Smedberg (In re Toste)

Citation: 
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling: 
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s): 
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Read on...

DC Media Capital LLC v. Imagine Fulfillment Services, LLC (In re Imagine Fulfillment Services, LLC)

Citation: 
BAP No. CC-13-1483-TaDki
Ruling: 
In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney fees) the judgment became final for jurisdictional purposes. The BAP affirmed the bankruptcy ...
Judge(s): 
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Read on...

Singh v. Singh (In re Singh)

Citation: 
In re Singh, 9th Circuit Bankruptcy Appellate Panel, CC-13-1104-PaKiTa (August 7, 2014) [Not for Publication]
Ruling: 
The United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the “Bankruptcy Court”), finding the Debtor: (a) made misrepresentations to his Creditors; (b) ...
Judge(s): 
Honorable Judge Jim D. Pappas, Honorable Judge Ralph B. Kirscher and Honorable Judge Laura S. Taylor
Read on...

Valley Health Systems Retirement Plan v. Kirton (In re Valley Health Systems)

Citation: 
Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)
Ruling: 
"Related to" jurisdiction exists when there is a close nexus between the bankruptcy plan and a mandamus petition. A close nexus exists when resolution of mandamus petition requires court to interpret the bankruptcy plan and confirmation order to determine if ...
Judge(s): 
Pregerson and Wardlaw, Circuit Judges, and Burrell, Senior District Judge sitting by designation.
Read on...

Negrete v. Citizens State Bank (In re Negrete)

Citation: 
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s): 
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Read on...
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