The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling against the debtor regarding alleged violations of the stay and discharge injunction against the loan servicer. ...
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including...
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
Ruling:
A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period...
Judge(s):
Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
The Bankruptcy Appellate Panel (BAP) affirmed a bankruptcy court's denial without prejudice of an unsecured creditor's motion for stay relief (Motion) for failure to properly serve the Motion on...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 2 months ago
Citation:
In re Ebell Media, Inc., No. 10-55654 (9th Cir. Dec. 19, 2011)
Ruling:
In this not-for-publication memorandum, the Ninth Circuit affirmed a bankruptcy court’s grant of stay relief—based on the corporate debtor having commenced its chapter 7 case in bad faith—to...
Judge(s):
W. Fletcher and Rawlinson, Circuit Judges, and Singleton, Senior District Judge, District of Alaska, sitting by designation
