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9th Circuit

Warner Angle Hallam Jackson Formanek, P.L.C v. Lock (In re LMM Sports Management, LLC., et al.)

Citation: 
BAP No. AZ-15-1195-KuJaJu (BAP 9th Cir. Jun. 1, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Az.), finding that the bankruptcy court did not err in denying creditor's motion to allow late filed claim, or in rejecting creditor's claim of excusable neglect, ...
Judge(s): 
Kurtz, Jaime, Jury
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Desert Pine CVillas Homeowners Assoc. v. Kabiling (In re Kabiling)

Citation: 
In re Kabiling, No. NV-15-1380-BDF (9th Cir. B.A.P. June 14, 2016). Ordered published.
Ruling: 
A creditor violates the discharge injunction by requesting an award of attorney fees against debtors in a post-foreclosure quiet-title action commenced by the creditor.
Judge(s): 
Martin R. Barash, Bankruptcy Judge for the Central District of California, sitting by designation, and Randall L. Dunn and Robert J. Faris, Bankruptcy Appellate Panel Judges.
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Wilson v. Desert Realty, Inc., et al. (In re Wilson)

Citation: 
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP agreed with bankruptcy court that debtor never satisfied elements of 362(l)(1), ...
Judge(s): 
Dunn, Faris Barash
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Capital Options, LLC v. Loomis, et al. (In re Capital Options, LLC)

Citation: 
BAP Nos. AZ-15-1165, 1166, 11167-JuKuJa (May 27, 2016) (unpublished) (3 related appeals)
Ruling: 
Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's 2-year statute of limitations. Accordingly, the Debtor's ...
Judge(s): 
JURY, KURTZ, and JAIME, Bankruptcy Judges.
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Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

Citation: 
-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
Ruling: 
Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the Bankruptcy Court did not abuse discretion when it ordered a one year ...
Judge(s): 
KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
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Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

Citation: 
-- F.3d -- (9th Cir. 2016)
Ruling: 
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline to enforce otherwise applicable arbitration provisions only if arbitration would conflict ...
Judge(s): 
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
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Hooshim, et al. v. Wolkowitz (In re Kim)

Citation: 
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling: 
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s): 
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
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Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

Citation: 
Case No. 14-55281
Ruling: 
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that because the bankruptcy case was dismissed and ...
Judge(s): 
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
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Emmert, et al. v. Taggart (In re Taggart)

Citation: 
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling: 
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by applying an incorrect legal standard. The BAP ruled that bankruptcy ...
Judge(s): 
Jury, Kirscher, Faris
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Scheer v. The State Bar of California, et al. (In re Scheer)

Citation: 
In re Scheer, No. 14-56622 (9th Cir. Apr. 15, 2016).
Ruling: 
An arbitration award against a debtor-attorney for an improperly collected client fee is dischargeable under 523(a)(7). Published.
Judge(s): 
Marsha S. Berzon and John B. Owens, Circuit Judges, and Algenon L. Marbley, District Judge for the Southern District of Ohio, sitting by designation.
Read on...
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