JTF Rose, Inc. v. Esquerra

• Summarized by Lars Fuller , BakerHostetler
• 6 years 5 months ago

Citation:

BAP No. CC-17-1356-TaLLs (9th Circuit, Aug 07,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case. Bankruptcy court incorrectly applied issue preclusion. Lack of...

Judge(s):

Taylor, Lafferty, Lastreto

Tag(s):

• 9th Circuit
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 2004

Stein v. Stubbs (In re Stubbs)

• Summarized by J. Debbeler , Bricker Graydon LLP
• 7 years 10 months ago

Citation:

File Name: 17b0003p.06; Case Nos. 16-8025/8027 (6th Circuit, Mar 09,2017) Published

Case Status:

Reversed and Remanded

Ruling:

Sixth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's orders denying the Chapter 7 Trustee's motion for default judgment, dismissing the adversary proceeding and vacating...

Judge(s):

Humphrey, Opperman and Preston, Bankruptcy Appellate Panel Judges

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Taxation
• Rule 2004

Vaughan v. Weinstein (In re Vaughan)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 10 months ago

Citation:

BAP No. NV-15-1254-JuKiD (BAP 9th Cir. Feb. 29, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed summary judgment entered by the bankruptcy court (D. Nev.) revoking the discharge of a chapter 7 debtor for failing to appear at a 2004 exam. The BAP agreed...

Judge(s):

Jury, Kirscher, Dunn

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Practice and Procedure
• Rule 2004
• § 727

Lynch v. Malloy, III (In re Lynch)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 11 months ago

Citation:

Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.

Ruling:

The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.

Judge(s):

Karlin, Jacobvitz, Mosier

Tag(s):

• 10th Circuit
• Practice and Procedure
• Venue/Jurisdiction
• Rule 2004

Dymon Investments, Inc. v. Welch (In re Welch)

• Summarized by Emil Khatchatourian , Foley & Lardner LLP
• 10 years 5 days ago

Citation:

Dymon Investments, Inc. v. Welch (In re Welch), BAP No. NV-14-1079-HlPaJu (Jan. 5, 2015)

Ruling:

AFFIRMING the decision below, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion when it denied creditors' motion to reopen a closed...

Judge(s):

HOULE, PAPPAS, and JURY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Court Administration
• Practice and Procedure
• Rule 2004
• Rule 5010
• § 350

Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 10 months ago

Citation:

Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]

Ruling:

The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...

Judge(s):

Ginsburg, Henderson and Brown

Tag(s):

• D.C. Circuit
• Consumer Bankruptcy
• Asset Sales
• Claims
• Mortgage
• Bankruptcy Litigation
• Commercial Fraud
• Predatory Lending
• Finance and Banking
• Court Administration
• Fraud
• Practice and Procedure
• Preferences
• Real Estate
• Valuation
• Venue/Jurisdiction
• Rule 2004
• Rule 9024
• § 363

Hazelrigg v. United States Trustee (In re Hazelrigg)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 11 years 1 month ago

Citation:

In re Hazelrigg, 9th Cir. B.A.P., WW-13-1230-TaDJu (November 19, 2013) [NOT FOR PUBLICATION]

Ruling:

in an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court, to deny the debtor's (Thomas Hazelrigg) motion for reconsideration of the...

Judge(s):

Hon. Randall L. Dunn, Hon. Laura S. Taylor, Hon. Meredith A. Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Rule 2004
• Rule 8013
• Rule 9023
• Rule 7058
• § 727

Simon v. FIA Card Services, N.A.

• Summarized by George Utlik , Capital One
• 11 years 3 months ago

Citation:

Simon v. FIA Card Services, N.A., No. 12-3293, 2013 WL 5508868 (3d Cir. Oct. 7, 2013)

Ruling:

Affirming in part and reversing in part the dismissal of the Debtors’ claims under the Fair Debt Collection Practices Act (the “FDCPA”) and remanding the case back to the United States...

Judge(s):

The Honorable Lee H. Rosenthal, the United States District Court for the Southern District of Texas, sitting by designation

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Rule 2004
• Rule 9016
• § 362
• § 523

La Tierra Interiors, Inc. v. Washington Federal Savings (In re Tullius)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 12 years 1 month ago

Citation:

No. 11-51167, Pursuant to 5TH CIR. R. 47.5, not for publication.

Ruling:

DISMISSED the appeal for lack of jurisdiction, concluding that bankruptcy court's discovery order was interlocutory, and the district court's order (dismissing the appeal from the bankruptcy court)...

Judge(s):

WIENER, CLEMENT, and PRADO

Tag(s):

• 5th Circuit
• Practice and Procedure
• Rule 2004

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