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9th Circuit

Jalonowski v. Jean (In re Jean)

Citation: 
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and objection to confirmation of debtor's plan. The appellants argued that debtors petition ...
Judge(s): 
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Read on...

Rivera v. Deutsche Bank (In re Rivera)

Citation: 
NC-13-4615
Ruling: 
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The bankruptcy court dismissed the entire complaint without leave to amend, holding ...
Judge(s): 
Kurtz, Pappas & Jury
Read on...

Haig v. Shart (In re Shart)

Citation: 
9th Cir. BAP No. CC-14-1065-SpDTa (November 14, 2014)
Ruling: 
Clear error is not demonstrated by pointing to conflicting evidence in the record. Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. Appellant (creditor) must establish a debtor's individual culpability rather than ...
Judge(s): 
SPRAKER, DUNN and TAYLOR
Read on...

Aspen Skiing Co. v. Cherrett (In re Cherrett)

Citation: 
Aspen Skiing Co. v. Cherrett (In re Cherrett), BAP No. CC-14-1056-DKiTa (B.A.P. 9th Cir. Nov. 7, 2014)
Ruling: 
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit determined that (1) the order denying the section 707(b) motion to dismiss was a final order that could be appealed immediately and (2) the bankruptcy court did not ...
Judge(s): 
DUNN, KIRSCHER, and TAYLOR
Read on...

Brandt v. Nvida Corp (In the Matter of 3DFX Interactive, Inc.)

Citation: 
D.C. No. 5:08-cv-04634-RMW (9th Cir., November 6, 2014) (NOT FOR PUBLICATION)
Ruling: 
The Circuit AFFIRMED the district court and held that a pre-bankruptcy transfer was not a fraudulent conveyance. Certain regulations at issue regarding purchaser NVIDIA's disclosure of the value of the assets acquired required disclosure of the fair market value, ...
Judge(s): 
Thomas, McKeown, and W. Fletcher, Circuit Judges.
Read on...

Yen v. Pedroche (In re Pedroche)

Citation: 
BAP No. NC-13-1618-JuKuPa (determined not to be appropriate for publication)
Ruling: 
A bankruptcy court is required to hold an evidentiary hearing on whether a creditor is aware of a discharge injunction and whether the creditor is aware that the injunction applies to the creditor's claim before it may impose a contempt ...
Judge(s): 
Jury, Kurtz, and Pappas.
Read on...

Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Read on...

Choudhuri v. Deutsche Bank (In re Choudhuri)

Citation: 
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling: 
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying confirmation of the Chapter 13 plan was dismissed as a moot issue ...
Judge(s): 
PAPPAS, JURY and KURTZ, Bankruptcy Judges
Read on...

Del Toro Loan Servicing Inc. v.Takowsy (In re Takowsky)

Citation: 
In re Takowsky, No. CC-13-1376-TaSpD (9th Cir. B.A.P. Nov. 12, 2014).
Ruling: 
The bankruptcy court could enter final judgment in a noncore, related action with the parties’ consent. Not-for-publication memorandum.
Judge(s): 
Laura S. Taylor, Randall L. Dunn, and Gary S. Spraker, Bankruptcy Judges. Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, sat by designation.
Read on...

Sui v. Marshack (In re Sui)

Citation: 
Sui v. Marshack (In re Sui), BAP No. CC-13-1572-TaSpD (BAP 9th Cir. Nov. 10, 2014)
Ruling: 
The 9th Circuit BAP vacated and remanded the bankruptcy court's order barring two parties from further filings unless they first obtained consent from the bankruptcy court. The BAP ruled that while a regulatory order regarding further filings by the ...
Judge(s): 
Taylor, Spraker, Dunn
Read on...
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