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9th Circuit

Goldstein v. Stahl (In re Goldstein)

Citation: 
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The TPP claims involved the interpretation of the legal significance of facts ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
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Peabody v. Jensen (In re Jensen)

Citation: 
CC-13-1606-KiKuD (March 10, 2015) Unpublshed
Ruling: 
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that a motion for relief from judgment under Rule 9024 is a contested matter; therefore, the bankruptcy court must find facts specifically and state is conclusions of law separately. ...
Judge(s): 
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
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APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

Citation: 
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling: 
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could not have relied on the order authorizing its employment regarding ...
Judge(s): 
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
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Frealy v. Reynolds

Citation: 
Frealy v. Reynolds, No. 12-60068 (9th Cir. Mar. 9, 2015).
Ruling: 
The Ninth Circuit has asked the California Supreme Court whether Probate Code § 15306.5 imposes an absolute cap of 25% on a bankruptcy estate’s access to a debtor-beneficiary’s interest in a spendthrift trust.
Judge(s): 
Alex Kozinski and Susan P. Graber, Circuit Judges, and Charles R. Breyer, Senior District Judge for the Northern District of California, sitting by designation.
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Harris v. Bank of America (In re Harris)

Citation: 
Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
Ruling: 
Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged fraud; and it was not abuse of discretion for the bankruptcy court to dismiss Debtor-Appellant's ...
Judge(s): 
Murphy, Gould, and Tallman
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Barton Properties, Inc. v. Blaskey (In re Blaskey)

Citation: 
In re Blaskey, No. CC-14-1340-KuDKi (9th Cir. B.A.P. Feb. 27, 2015).
Ruling: 
The ordinary preponderance-of-the-evidence standard applies to the determination of factual issues in nondischargeability actions. Not-for-publication memorandum.
Judge(s): 
Frank L. Kurtz, Randall L. Dunn, and Ralph B. Kirscher, Bankruptcy Judges.
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Hart v. Karaeff (In re Hart)

Citation: 
9th Cir. BAP No. NC-14-1154-JuTaPa (Feb. 26, 2015)
Ruling: 
BAP affirmed bankruptcy court judgment that loans totaling $400,000 were nonnondischargeable under Section 523(a)(2)(A), and remanded to correct an error in the judgment
Judge(s): 
JURY, TAYLOR, and PAPPAS Bankruptcy Judges.
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Nakhuda v. Mansdorf (In re Nakhuda)

Citation: 
Nakhuda v. Mansdorf (In re Nakhuda), BAP No. NC-14-1235-TaPaJu (B.A.P. 9th Cir. Mar. 2, 2015) (NOT FOR PUBLICATION)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (i) the bankruptcy court did not err in granting the chapter 7 trustee's requested relief on an ex parte basis, (ii) debtor was not authorized to ...
Judge(s): 
TAYLOR, PAPPAS, and JURY
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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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