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9th Circuit

Cooke v. Renshaw (In re Cooke)

Citation: 
Cooke v. Renshaw (In re Cooke), Case No. CC-15-1037-KiTaKu (9th Cir. BAP, Jul. 22, 2016) (unpublished)
Ruling: 
Bankruptcy judgment denying debtor's discharge under § 727(a)(2)(A) affirmed.
Judge(s): 
Kirscher, Taylor, and Kurtz
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Smith v. U.S. IRS

Citation: 
No. 14-15857 (9th Cir. July 13, 2016) (published)
Ruling: 
Summary judgment was properly entered determining that debtor’s tax liabilities were nondischargeable under § 523(a)(1)(B)(i) relating to tax debt for unfiled returns. The panel held that the debtor’s late-filed Form 1040 did not represent an honest and reasonable attempt ...
Judge(s): 
Jerome Farris, Diarmuid F. O’Scannlain, and Morgan Christen, Circuit Judges
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California Capital Insurance Co. v. Riley (In Re Riley)

Citation: 
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling: 
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s): 
Taylor, Landis, and Kirscher
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Tevis v. California Department of Veterans Affairs (In re Tevis)

Citation: 
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling: 
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
Judge(s): 
Taylor, Jury, and Dunn
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Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

Citation: 
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling: 
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not rise to level ...
Judge(s): 
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
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DeNoce v. Neff (In re Neff)

Citation: 
9th Cir. No. 14-60017 (June 9, 2016) (published)
Ruling: 
The Ninth Circuit held that the one-year window to revoke a discharge under Section 727(a)(2) is not a statute of limitations and is therefore not subject to equitable tolled by the filing of successive bankruptcy petitions.
Judge(s): 
Richard R. Clifton, Consuelo M. Callahan,
and Sandra S. Ikuta, Circuit Judges.
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Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Halloum)

Citation: 
BAP No. EC-15-1291-DTaJu (BAP 9th Cir. Jun. 28, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) finding no abuse of discretion in approving a final fee application for debtor's former counsel through a "lodestar" analysis under section 330. BAP found no ...
Judge(s): 
Dunn, Taylor, Jury
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Ulrich v. Schian Walker, P.L.C. (In re Boates)

Citation: 
-- F.3d -- (6/26/16)
Ruling: 
The Ninth Circuit BAP characterized the pre-petition legal agreement as an executory agreement, and as such, the case had to be remanded to determine the date the executory agreement was terminated. REVERSED and REMANDED.
Judge(s): 
KURTZ, JAIME and JURY, Bankruptcy Judges
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Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

Citation: 
-- F.3d -- (9th BAP 2016)
Ruling: 
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The BAP determined that based on the confirmed Chapter 11 Plan and terms of the Liquidating ...
Judge(s): 
Honorable DUNN, FARIS and BARASH.
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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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