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Topic: Plan Confirmation

Capital Options, LLC v. Loomis, et al. (In re Capital Options, LLC)

Citation: 
BAP Nos. AZ-15-1165, 1166, 11167-JuKuJa (May 27, 2016) (unpublished) (3 related appeals)
Ruling: 
Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's 2-year statute of limitations. Accordingly, the Debtor's ...
Judge(s): 
JURY, KURTZ, and JAIME, Bankruptcy Judges.
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In re Beltway One Development Group, LLC

Citation: 
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling: 
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if the creditor is entitled to such interest under applicable ...
Judge(s): 
Kirscher, Dunn and Jury
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Anderson, et al. v. Logan

Citation: 
No. 15-1505, (4th Cir. Apr. 27, 2015)
Ruling: 
Chapter 13 plan that provided for payment of pre-petition arrears and post-petition payments for primary residence at non-default interest rate violated the non-modification provision of section 1322(b)(5). Default interest rate applied for all payments accrued and accruing after pre-petition ...
Judge(s): 
Before WILKINSON and NIEMEYER, Circuit Judges, and David C. NORTON, United States District Judge for the District of South Carolina, sitting by designation. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Norton joined.
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Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation: 
no official cite as of yet
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their plan payments. The BAP held that the motion was timely and ...
Judge(s): 
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
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In re Bratt

Citation: 
16b0002p.06 Nos. 15-8009/8010
Ruling: 
Trial court held that Tennessee statute governing penalties on delinquent tax debt applicable only to claims in bankruptcy cases was unconstitutional as a violation of the Supremacy Clause. Panel affirmed trial court decision on other grounds holding that statute governing ...
Judge(s): 
Delk, Opperman and Wise
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Mendez v. Harwood (In re Harwood)

Citation: 
9th Cir. BAP No. NC-15-1055-DTaKu (April 8, 2016) (unpublished)
Ruling: 
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
Judge(s): 
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
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In the Matter of Sunnyslope Housing Limited Partnership

Citation: 
Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
Ruling: 
For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the value of the senior lender's interest. ...
Judge(s): 
Kozinski, Paez and Clifton
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Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation: 
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling: 
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers ...
Judge(s): 
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
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Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

Citation: 
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling: 
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following: (1) whether the debtor misrepresented facts, unfairly manipulated the ...
Judge(s): 
Honorable KIRSCHER, KURTZ and FARIS
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Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation: 
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead creditor's competing plan of reorganization. The BAP agreed with ...
Judge(s): 
Dunn, Jury, Kirscher
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