The Bankruptcy Appellate Panel for the Sixth Circuit affirmed an order dismissing the pro se debtor’s complaint for lack of jurisdiction in her reopened bankruptcy case. The Panel agreed with...
Whether property has value to estate determined at time of proposed abandonment. Although property had no equity as of petition date, Debtor's later motion to compel abandonment denied where...
Miller v. Reaves (in re Miller), BAP No. AZ-13-1307-JuKiD (B.A.P. 9th Cir. Dec. 5, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order granting the chapter 7 trustee's motion seeking to revoke the section 554(c) technical abandonment of...
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a...
Judge(s):
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
Ruling:
The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling:
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...
