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9th Circuit

Kelly v. Sallie Mae, Inc.

Citation: 
2:11-cv-01263-RSL (9th CA February 27, 2015) Not for Publication
Ruling: 
The Ninth Circuit Court of Appeals reversed and remanded to the District Court with instructions to reinstate the partial discharge ordered by the bankruptcy court. The bankruptcy court's judgment was not illogical, implausible, or without support; therefore, the bankruptcy ...
Judge(s): 
BEA and MURGUIA, Circuit Judges, and KOBAYASHI, District Judge.
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Schlegel v. Billingslea, Jr. (In re Schlegel)

Citation: 
In re Schlegel, No. SC-14-1132-KiKuJu (9th Cir. B.A.P. Feb. 25, 2015).
Ruling: 
As a matter of first impression, a chapter 13 case may be dismissed for the debtors’ failure to pay the required percentage dividend to unsecured creditors, even if they make all required plan payments.
Judge(s): 
Ralph B. Kirscher, Frank L. Kurtz, and Meredith A. Jury, Bankruptcy Judges.
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Kitron; Angello v. Valley Health System (In re Valley Health System)

Citation: 
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants' suit failed to state claim upon which ...
Judge(s): 
Dunn, Pappas, Taylor
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Lei v. Yan (In re Yan)

Citation: 
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling: 
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under § 362(k)(1). The court held that the creditor did not ...
Judge(s): 
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
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Chesley v. RWW Properties, LLC (In re Chesley)

Citation: 
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion by (a) granting purchaser's motion to annul the automatic stay and (b) ...
Judge(s): 
JURY, TAYLOR, and PAPPAS
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Monahan-Pacific Construction v. Committee of Unsecured Creditors (In re MC2 Capital Partners, LLC)

Citation: 
9th Cir. BAP No. NC-14-1190-PaJuTa (February 25, 2015) (Not for Publication)
Ruling: 
The BAP affirmed a bankruptcy court order that declined to amend its findings relating to the "manipulation of the books and records" by an insider creditor of the Debtor, which finding was made in support of the bankruptcy court's order ...
Judge(s): 
PAPPAS, JURY, and TAYLOR, Bankruptcy Judges
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Jenkins v. Mitelhaus (In re Jenkins and Ramey)

Citation: 
Jenkins v. Mitelhaus (In re Jenkins and Ramey), BAP Nos. CC-14-1185-PaTaD, CC-14-1258-PaTaD (Cross-Appeals) (B.A.P. 9th Cir. Feb. 20, 2015)
Ruling: 
REVERSING, in part, the bankruptcy court's judgment determining that Debtors' debt to real estate salesperson was excepted from discharge under section 523(a)(4), AFFIRMING the bankruptcy court's judgment determining that such debt was excepted from discharge under section 523(a)(6), and AFFIRMING ...
Judge(s): 
PAPPAS, TAYLOR, and DUNN
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McCracken v. Arnot (In re Pacific Cargo Services, LLC)

Citation: 
McCracken, et al. v. Arnot (In re Pacific Cargo Services, LLC), BAP No. )R-14-10136-KiKuJu (BAP 9th Cir. Feb. 19, 2015)
Ruling: 
The 9th Circuit BAP affirmed judgment of the bankruptcy court (D. Or.) avoiding transfer as a preference. The judgment avoided debtor's prepetition transfer of legal malpractice claims to creditors as part of a prepetition settlement of a pending lawsuit. ...
Judge(s): 
Kirscher, Kurtz, and Jury
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Velasquez v. Bank of America (In re Velasquez)

Citation: 
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished
Ruling: 
The dismissal of the administrative bankruptcy case did not automatically divest the bankruptcy court of jurisdiction. The bankruptcy court applied to correct legal standard to determine whether to retain jurisdiction by considering the economy, convenience, fairness, and equity. ...
Judge(s): 
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
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Wegesend v. Onewest Bank (In re Wegesend)

Citation: 
In re Wegesend, No. HI-14-1236-KuJuKi (9th Cir. B.A.P. Feb. 20, 2015).
Ruling: 
Bankruptcy court improperly granted motion to dismiss, treated as motion for summary judgment, without giving nonmovant opportunity for discovery. (Not-for-publication memorandum.)
Judge(s): 
Frank L. Kurtz, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Judges.
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