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9th Circuit

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
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Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

Citation: 
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling: 
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert claims that are property of the estate and ...
Judge(s): 
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
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Banner Bank v. Johns (In re Johns)

Citation: 
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based on the stipulated facts; there is no “danger” ...
Judge(s): 
Hon. Kirscher, Dunn, and Jury
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Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation: 
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil Company, Inc. (DOC) and Quail Hollow Inn, LLC (QHI). The appellate ...
Judge(s): 
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Read on...

Khan v. Barton (In re Khan)

Citation: 
Khan v. Barton (In re Khan), BAP Nos. CC-14-1021-TaDKi, CC-14-1041-TaDKi, CC-14-1062-TaDKi (B.A.P. 9th Cir. Dec. 9, 2014)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that mandatory subordination of creditor's claims was not required and that the bankruptcy court did not err in overruling debtors' respective claims objections and dismissing adversary proceedings ...
Judge(s): 
TAYLOR, DUNN, KIRSCHER
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Gray v. Warfield (In re Gray)

Citation: 
Gray v. Warfield (In re Gray), BAP No. AZ-13-1502-JuKiD (BAP 9th Cir. 2014)
Ruling: 
The 9th Cir. BAP, applying Law v. Siegel, 134 S. Ct. 1188 (2014), ruled that the bankruptcy court has no discretion to deny a debtor's claimed exemptions based on a finding that debtors amended their exemptions in bad faith, unless ...
Judge(s): 
Jury, Kirscher, Dunn
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Skinner v. Huggins (In re Skinner)

Citation: 
Skinner v. Huggins, BAP No. AZ-13-1445-DJuKi (BAP 9th Cir. Dec. 10, 2014)
Ruling: 
The BAP for the Ninth Circuit affirmed the bankruptcy court (D. Arizona) judgment in favor of creditor on 11 USC 523(a)(2)(A) dischargeability claim, and affirmed bankruptcy court's finding that debtor intended to defraud creditor. Sole issue on appeal was ...
Judge(s): 
Dunn, Jury, and Kirscher
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Starky v. Birdsell (In re Starky)

Citation: 
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling: 
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from conducting his investigation; therefore, Trustee complied with his duties ...
Judge(s): 
Hon. Dunn, Jury, and Kirscher
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Miller v. Reaves (in re Miller)

Citation: 
Miller v. Reaves (in re Miller), BAP No. AZ-13-1307-JuKiD (B.A.P. 9th Cir. Dec. 5, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order granting the chapter 7 trustee's motion seeking to revoke the section 554(c) technical abandonment of debtor's income tax refund and REMANDED the matter so that the bankruptcy ...
Judge(s): 
JURY, KIRSCHER, and DUNN
Read on...

Mano-Y&M, Ltd v. Field (In re The Mortgage Store, Inc.)

Citation: 
In re The Mortgage Store, Inc., No. 13-16020 (9th Cir. Dec. 5, 2014).
Ruling: 
An initial transferee under § 550(a)(1) is one who has “dominion” over the transferred property by both holding legal title to the property and having the ability to use it as the transferee sees fit. Control alone does not suffice.
Judge(s): 
A. Wallace Tashima, Johnnie B. Rawlinson, and Richard R. Clifton, Circuit Judges.
Read on...
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