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9th Circuit

Chan v. DRM Enterprises, LLC (In re Chan)

Citation: 
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling: 
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was non-dischargeable under section 523(a)(2)(A) of the Bankruptcy Code because the debtor ...
Judge(s): 
Taylor, Dunn, and Spraker, Bankruptcy Judges
Read on...

Glasser v. Blixseth (In re Yellowstone Mountain Club, LLC)

Citation: 
No. 14-35159 (October 9, 2014) (not for publication)
Ruling: 
The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a motion to vacate the injunction.
Judge(s): 
KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.
Read on...

P.R. Electric Power Authority v. Wiscovitch-Rentas

Citation: 
BAP No. PR 13-050 (B.A.P. 1st Cir. Sept. 23, 2014)
Ruling: 
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the bankruptcy court to determine whether electricity constitutes a “good” entitled to administrative expense treatment under ...
Judge(s): 
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Read on...

Dye v. Sachs (In re Flashcom, Inc.)

Citation: 
9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)
Ruling: 
Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no intervening rights have vested in reliance thereon. The 9th ...
Judge(s): 
Honorable Kurtz, Davis, and Kirscher
Read on...

Campos v. Aleman (In re Aleman)

Citation: 
Campos v. Aleman (In re Aleman), No. 12-60084 (9th Cir. Oct. 7, 2014)
Ruling: 
Affirmed the BAP's dismissal of the appeal as moot.
Judge(s): 
Fletcher, Rawlinson, and Christen.
Read on...

Meehan v. Ocwen Loan Servicing, LLC (In re Meehan)

Citation: 
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling: 
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a debtor to have standing to pursue claims in an ...
Judge(s): 
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Read on...

Rivera v. Curry (In re Rivera)

Citation: 
No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
Ruling: 
Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
Judge(s): 
Kurtz, Davis, and Kirscher.
Read on...

U.S.A. v. Federal Resources Corp.

Citation: 
United States v. The Coeur D'Alenes Company, Case 12-36065 (9th Cir. September 16, 2014)
Ruling: 
The district court did not abuse its discretion in failing to consider comparative fault and focusing solely on a company's limited ability to pay in assessing the fairness of a CERCLA consent decree. Although, this would create disproportionate liability ...
Judge(s): 
Circuit Judges A. Wallace Tashima and Mary H. Murguia; District Judge Cormac J. Carney, sitting by designation
Read on...

Hawkins, III v. The Franchise Tax Board of CA

Citation: 
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling: 
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions were "taken with the specific intent to evade the tax."
Judge(s): 
Kleinfeld, Thomas, and Rawlinson (dissent).
Read on...

Snowden v. Check into Cash of Washington, Inc

Citation: 
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling: 
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred to recover damages.
Judge(s): 
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Read on...
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