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Topic: Bankruptcy Litigation

Bushkin v. Singer (In re Bushkin)

Citation: 
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling: 
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Judge(s): 
Kirscher, Kurtz, Faris
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Vizconde v. McCandless (In re Carrera)

Citation: 
In re Carrera, No. NC-15-1383-KiTaJu (9th Cir. B.A.P. Aug. 16, 2016). Not for publication.
Ruling: 
A chapter 13 debtors’ lawyer’s involvement in two bad-faith chapter 13 filings warranted FRBP 9011 monetary sanctions on the bankruptcy court’s own motion.
Judge(s): 
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Appellate Panel Judges.
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Velasquez v. Bank of America, N.A. (In re Velasquez)

Citation: 
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling: 
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity and amount, and debtor failed to present adequate ...
Judge(s): 
Taylor, Jury, Kirscher
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Hennigan v. Smith (In the Matter of Smith)

Citation: 
Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
Ruling: 
AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires to sell the property and move does not ...
Judge(s): 
(per curiam) Jolly, Davis, Southwick
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Roberts v. TriPlanet Partners LLC et al.

Citation: 
15-2326
Ruling: 
The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated defiance of court orders and (2) finding that the Defendants ...
Judge(s): 
Straub, Wesley, Livingston
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Yu v. Nautilus, Inc. (In re Yu)

Citation: 
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling: 
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default judgment in pre-bankruptcy suit entered following debtor's active ...
Judge(s): 
Kurtz, Faris, Dunn
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Roussel v. Clear Sky Properties, LLC

Citation: 
No. 15-3048 (8th Cir. July 25, 2016)
Ruling: 
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable. Bankruptcy court properly applied collateral estoppel to bar relitigation of ...
Judge(s): 
Smith, Gruender, Benton
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PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

Citation: 
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling: 
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision, affirmed and upheld lower court judgments which re-characterized debt ...
Judge(s): 
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
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Privitera v. Curran

Citation: 
BAP No. MW 15-051
Ruling: 
Order dismissing dischargeability adversary proceeding affirmed.
Judge(s): 
Lamoutte, Deasey (author) and Cary
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Kaler v. Slominski (In re Keeley)

Citation: 
Kaler v. Slominski (Case No. 15-2405)
Ruling: 
The Eighth Circuit Court of appeals affirmed the decision of the BAP that the bankruptcy court had incorrectly calculated the setoff awarded to the debtor's land lease tenant for improvements he had made to the land but affirmed the court's ...
Judge(s): 
Smith, Colloton, and Gritzner
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