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9th Circuit

Schultze v. Chandler

Citation: 
12-1586
Ruling: 
Post-petition state law actions against court appointed professionals are core proceedings and therefore the bankruptcy court can enter final judgment in such matters.
Judge(s): 
Trott, Thomas, Murquia
Read on...

Hoskins v. Citigroup (In re Viola)

Citation: 
Ninth Circuit Case No. 12-60032 (July 16, 2014) (Unpublished)
Ruling: 
A "transferee” under 11 U.S.C. § 550(a)(1) is one who has legal title to the funds and the ability to use them as the recipient sees fit. This is the "dominion test". Allegations of open and exclusive control through ...
Judge(s): 
SILVERMAN, W. FLETCHER, and BYBEE
Read on...

Wackerman v. Bank of America

Citation: 
BAP E-13-1277-Ku (June 30, 2014) (Unpublished)
Ruling: 
The 9th Cir. BAP affirmed summary judgment, and denial of reconsideration, in favor of foreclosing Creditor. The Debtor contended that a foreclosure sale of his residence occurred just after, not just before, he filed his bankruptcy petition, and was ...
Judge(s): 
KURTZ, JURY and TAYLOR, Bankruptcy Judges.
Read on...

Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)

Citation: 
Kismet Acquisition, LLC v. Icenhower (In re Icenhower), No. 10-55933 (9th Cir. July 3, 2014).
Ruling: 
The bankruptcy court properly avoided the debtors’ prepetition and postpetition transfers of an interest in Mexican real property.
Judge(s): 
Jerome Ferris (author), N. Randy Smith, and Paul J. Watford, Circuit Judges
Read on...

Sethi v. Wells Fargo Bank (In re Sethi)

Citation: 
In re Sethi, 13-1312 (9th BAP June 30, 2014)
Ruling: 
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support its ruling; therefore, the bankruptcy court's ruling was vacated ...
Judge(s): 
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Read on...

Shah v. Chowdaury (In re Chowdaury)

Citation: 
In re Chowdaury, 13-1346 (B.A.P. 9th Cir. 2014)
Ruling: 
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the ruling of the United States Bankruptcy Court for the Eastern District of California, denying the Creditor’s non-dischargeability action. The BAP found that the Creditor failed ...
Judge(s): 
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Read on...

Robinson v. American Home Mortgage Servicing, Inc. (In re Mortgage Electronic Registration Systems, Inc.)

Citation: 
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling: 
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the Plaintiffs' Consolidated Amended Complaint ("CAC"). The denial ...
Judge(s): 
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
Read on...

USACM Liquidating Trust v. Deloitte &Touche

Citation: 
No 11-15626 (9th Cir., June 6, 2014)
Ruling: 
The Court of Appeals for the Ninth Circuit, amending its opinion dated February 18, 2014, AFFIRMED the decision of the district court, and denied debtor's petition for a rehearing.
Judge(s): 
J. Clifford Wallace, Sandra S. Ikuta, and Marvin J. Garbis.
Read on...

Burton v. Infinity Capital Management

Citation: 
Burton v. Infinity Capital Management, et al., Case No. 12-15618 (9th Cir. June 4, 2014)
Ruling: 
The Ninth Circuit Court of Appeals affirmed the district court's denial of summary judgment, holding that an attorney who prepared an order to show cause at the request of a judge is not entitled to absolute quasi-judicial immunity on a ...
Judge(s): 
Sidney R. Thomas and Johnnie B. Rawlinson, Ninth Circuit Judges, and Ronald Lee Gilman, Senior Sixth Circuit Judge (sitting by designation).
Read on...

Gonzales v. Shotgun Creek Las Vegas

Citation: 
Gonzales v. Shotgun Creek Las Vegas, et al., Nos.: 12-16302 & 13-16015 (9th Cir. Jun. 4, 2014)
Ruling: 
The Ninth Circuit affirmed the decision of Judge Robert C. Jones from the District Court for the District of Nevada that: (1) the parties to a settlement agreement did not intend for a parcel transfer fee to constitute a lien ...
Judge(s): 
Judge Mary M. Schroeder, U.S. Court of Appeals for the Ninth Circuit;
Judge Consuleo Maria Callahan, U.S. Court of Appeals for the Ninth Circuit;
Robert W. Pratt, U.S. District Court for the Southern District of Iowa, sitting by designation.
Read on...
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