Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

• Summarized by James Webster , Law Office of James Portman Webster, PLLC
• 7 years 3 months ago

Citation:

-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION

Ruling:

Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...

Judge(s):

KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Practice and Procedure
• § 707
• § 109

Zegzula v. JPMorgan Chase Bank, N.A. (In re Zegzula)

• Summarized by Joel Newell , Spencer Fane, LLP
• 7 years 11 months ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. WW-14-1119-JuKiF (October 2, 2015)

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication. The BAP affirmed the bankruptcy court's...

Judge(s):

JURY, KIRSCHER, and FARIS, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Professional Practice Areas
• Mortgage
• Bankruptcy Litigation
• Rule 7012
• Rule 8012
• § 707

Gilboy v. Reukema

• Summarized by Robert Yan , Otterbourg P.C.
• 8 years 5 months ago

Citation:

Docket No. 14-2538-bk (2d Cir. April 29, 2015) (Summary Order)

Ruling:

AFFIRMING the district court’s judgment affirming the bankruptcy court’s dismissal of the bankruptcy case for cause under 11 U.S.C. § 707(a), the Court of Appeals for the Second Circuit held...

Judge(s):

Sack, Droney (Circuit Judges), and Stanceu (Chief Judge of the U.S. Court of International Trade, sitting by designation)

Tag(s):

• 2nd Circuit
• Practice and Procedure
• § 707

In re Brooks

• Summarized by Nicholas Miller , McDonald Hopkins LLC
• 8 years 5 months ago

Citation:

Case No. 14-2856

Ruling:

The Seventh Circuit affirmed the district court's order affirming confirmation of the debtor's chapter 13 plan, holding that as a general matter an above-median debtor may categorically exclude...

Judge(s):

Bauer, Flaum, Williams

Tag(s):

• 7th Circuit
• Consumer Bankruptcy
• Family/Divorce Issues
• Plan Confirmation
• § 1322
• § 1325
• § 507
• § 707

Sullivan v. Harnisch (In re Sullivan)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 8 years 9 months ago

Citation:

Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]

Ruling:

In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the...

Judge(s):

TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Automatic Stay
• Claims
• Bankruptcy Litigation
• Creditors' Committee
• Fraud
• Labor/Employment
• Plan Confirmation
• Practice and Procedure
• Real Estate
• Venue/Jurisdiction
• § 362
• § 502
• § 707
• § 1129
• § 1112
• § 1115

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

• Summarized by Emil Khatchatourian , Foley & Lardner LLP
• 8 years 10 months ago

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...

Judge(s):

DUNN, KIRSCHER, and TAYLOR

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Rule 1017
• § 101
• § 707

Deluca v. Cuomo (In re Cuomo)

• Summarized by Mark Hudson , Schian Walker, PLC
• 8 years 11 months ago

Citation:

BAP No. NV-13-1294

Ruling:

In an unpublished opinion, the 9th Circuit BAP affirmed the imposition of asanction of the partial disgorgement of the fees of a Chapter 7 debtor's counsel for failure to list a known debt on the...

Judge(s):

Pappas, Jury, Houle

Tag(s):

• 9th Circuit
• Ethics
• Professional Compensation/Fees
• § 105
• § 707

Bisges v. Garula (In re Clink)

• Summarized by William Wallo , Bakke Norman, S.C.
• 8 years 11 months ago

Citation:

In re Clink, 2014 WL 5335735 (8th Cir. October 21, 2014)

Ruling:

The Eighth Circuit affirmed a decision imposing sanctions against an attorney for conduct related to the preparation of a debtor's bankruptcy schedules.

Judge(s):

Riley, Smith, and Kelly

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Ethics
• § 526
• § 707

DeLuca v. Seare (In re Seare)

• Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
• 9 years 1 month ago

Citation:

In re Seare, No. NV-13-1196-KiTaJu (9th Cir. B.A.P. Aug. 25, 2014).

Ruling:

The lawyer for a chapter 7 debtor was properly sanctioned for entering into a retainer agreement excluding dischargeability litigation without obtaining the debtor's informed consent to the exclusion.

Judge(s):

Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Ethics
• § 526
• § 707
• § 528

Kramer v. Bankwoski

• Summarized by David Baker , Law Office of David G. Baker
• 9 years 6 months ago

Citation:

BAP No. MS 13-037

Ruling:

Bankruptcy Appellate Panel affirmed bankruptcy court's order denying confirmation of the chapter 13 plan.

Judge(s):

Kornreich, Tester & FInkle (author)

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Consumer Debt
• Plan Confirmation
• § 707

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