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Topic: Bankruptcy Litigation

Kitron; Angello v. Valley Health System (In re Valley Health System)

Citation: 
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants' suit failed to state claim upon which ...
Judge(s): 
Dunn, Pappas, Taylor
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Lei v. Yan (In re Yan)

Citation: 
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling: 
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under § 362(k)(1). The court held that the creditor did not ...
Judge(s): 
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
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DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

Citation: 
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 13-14781 (11th Cir. Feb 27, 2015)
Ruling: 
Affirmed in part, vacated in part, and remanded. Adopting analysis and reasoning of Glannon v. Carpenter (In re Glannon), 245 B.R. 882, 894-95 (D.Kan.2000) re scope of award for attorney's fees and costs under § 303(i)(1) as encompassing all ...
Judge(s): 
Hull, Julie Carnes, and Walker (John M. Walker, 2nd Circuit sitting by designation)
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Jenkins v. Mitelhaus (In re Jenkins and Ramey)

Citation: 
Jenkins v. Mitelhaus (In re Jenkins and Ramey), BAP Nos. CC-14-1185-PaTaD, CC-14-1258-PaTaD (Cross-Appeals) (B.A.P. 9th Cir. Feb. 20, 2015)
Ruling: 
REVERSING, in part, the bankruptcy court's judgment determining that Debtors' debt to real estate salesperson was excepted from discharge under section 523(a)(4), AFFIRMING the bankruptcy court's judgment determining that such debt was excepted from discharge under section 523(a)(6), and AFFIRMING ...
Judge(s): 
PAPPAS, TAYLOR, and DUNN
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McCracken v. Arnot (In re Pacific Cargo Services, LLC)

Citation: 
McCracken, et al. v. Arnot (In re Pacific Cargo Services, LLC), BAP No. )R-14-10136-KiKuJu (BAP 9th Cir. Feb. 19, 2015)
Ruling: 
The 9th Circuit BAP affirmed judgment of the bankruptcy court (D. Or.) avoiding transfer as a preference. The judgment avoided debtor's prepetition transfer of legal malpractice claims to creditors as part of a prepetition settlement of a pending lawsuit. ...
Judge(s): 
Kirscher, Kurtz, and Jury
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Velasquez v. Bank of America (In re Velasquez)

Citation: 
NC-14-1237-TaPaJu (9th Cir. BAP February 24, 2015) Unpublished
Ruling: 
The dismissal of the administrative bankruptcy case did not automatically divest the bankruptcy court of jurisdiction. The bankruptcy court applied to correct legal standard to determine whether to retain jurisdiction by considering the economy, convenience, fairness, and equity. ...
Judge(s): 
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
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Manchester v. Funderburgh (In re Funderburgh)

Citation: 
Manchester v. Funderburgh (In re Funderburgh), 2015 WL 412774 (10th Cir. BAP February 2, 2015)
Ruling: 
The BAP affirmed the bankruptcy court's denial of the debtor's discharge and avoidance of fraudulent transfers, ruling that the bankruptcy trustee was not precluded from asserting the claims by the dismissal "with prejudice" of a duplicate adversary proceeding.
Judge(s): 
Michael, Romero, and Jacobvitz
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Baker v. Baker (In the Matter of Baker)

Citation: 
No. 14-10569 (non-precedential)
Ruling: 
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by affirming bankruptcy court's denial of the motion to amend a ...
Judge(s): 
KING, DAVIS, and OWEN (per curiam)
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PW Enterprises, Inc. v. State of North Dakota

Citation: 
No. 14-1077 (8th Cir. Feb. 20, 2015).
Ruling: 
North Dakota law, which did not explicitly authorize the state to collect taxes for “account wagering,” did not impliedly authorize the collection of such taxes either. Accordingly, taxes collected by the state prior to the amendment of North Dakota ...
Judge(s): 
Riley, Wollman, and Bye.
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Hill v. Jankowski (In re Dey)

Citation: 
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling: 
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a trustee’s preference suit after the trustee filed a Rule 60(b) motion ...
Judge(s): 
Thurman, Cornish, Jacobvitz
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