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9th Circuit

Hart v. Bank of America Home Loans (In re Hart)

Citation: 
Ninth Circuit Banruptcy Appellate Panel Case No. CC-14-1343-TaKuD (June 24, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") entered it Memorandum opinion without the submittal of oral argument and determined it was not appropriate for publication. The Debtor did not have standing based on the related loan documents, and to ...
Judge(s): 
TAYLOR, DUNN, and KURTZ, Bankruptcy Judges.
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Showalter v. Hopper (In re Showalter)

Citation: 
*not for publication
Ruling: 
The Ninth Circuit affirmed the Bankruptcy Appellate Panel's ruling that the Debtor's exemption claim under California's homestead exemption laws does not apply to the Debtor when (1) the Debtor did not reside in the property for purposes of a homestead ...
Judge(s): 
Before: SCHROEDER and IKUTA, Circuit Judges, and and SEABRIGHT, District Court Judge for the District of Hawaii (sitting by designation).
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Turner v. Wells Fargo Bank (In re Turner)

Citation: 
BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
Ruling: 
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Judge(s): 
KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
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Christie v. The Bank of New York Mellon

Citation: 
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling: 
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note and deed of trust to assignees.
Judge(s): 
Lipez, Wardlaw and Murguia
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Dreyfuss v Cory (In the Matter of Sheldon H. Cloobeck)

Citation: 
9th Cir. No. 13-15432 (June 12, 2015)
Ruling: 
Chapter 7 trustee must obtain a court order authorizing the payment of federal income taxes as an administrative expense under § 503(b), after notice to creditors. Creditors' objection to Final Report was sustained where the Trustee failed to obtain ...
Judge(s): 
J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.
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Siller v. Big Hill Logging and Road Building Company, Inc. (In re CWS Enterprises, Inc.)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case Nos. EC-14-1195-PaJuKu and EC-14-1273-PaJuKu (June 12, 2015)
Ruling: 
In the unpublished ruling from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court on the basis that Charles Siller ("Siller") was the principal of the Debtor; therefore, acting as the debtor in possession during the ...
Judge(s): 
PAPPAS, JURY, and KURTZ, Bankruptcy Judges.
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Grenier v. Roback (In re Grenier)

Citation: 
9th Cir. BAP No. NC-14-1396-KiTaD (June 10, 2015) (unpublished)
Ruling: 
Creditor, who obtained state court judgment ("Judgment") against the Debtor for financial elder abuse, was not entitled to summary judgment on her Section 523(a)(6) claim for willful and malicious injury. Creditor did not establish that Debtor's subjective intent to ...
Judge(s): 
KIRSCHER, TAYLOR and DUNN
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Auyeung v. Christensen (In re Auyeung)

Citation: 
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling: 
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the homestead and pay the judgment lien. Not-for-publication ...
Judge(s): 
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
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Northbay Wellness Group, Inc. v. Beyries

Citation: 
Northbay Wellness Group, Inc. v. Beyries, No. 13-17381 (9th Cir. June 5, 2015)
Ruling: 
REVERSING the district court's affirmance of the bankruptcy court's conclusion that a judgment debt was non-dischargeable under section 523(a)(4) of the Bankruptcy Code, the Ninth Circuit Court of Appeals held that application of the unclean hands doctrine to absolve an ...
Judge(s): 
Milan D. Smith, Jr., Jacqueline H. Nguyen, and Michelle T. Friedland, Circuit Judges
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Grego v. U.S. Trustee (In re Grego)

Citation: 
BAP No. EC-14-1067-KuPaJu/Bk. No. 14-20064 (not appropriate for publication)
Ruling: 
The Ninth Circuit BAP vacated the Bankruptcy Court's order converting the chapter 11 case to chapter 7 and remanded the case to the Bankruptcy Court to consider whether, as an alternative to conversion, the case should be dismissed.
Judge(s): 
KURTZ, PAPPAS and JURY, Bankruptcy Judges
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