In re Christina Stacey Marie Hillyer

• Summarized by Lars Fuller , BakerHostetler
• 3 years 9 months ago

Citation:

BAP No. NV-20-1238-TLB (9th Circuit, Mar 30,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...

Judge(s):

Taylor, Lafferty, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Rule 7004

Sazegar v. Jadidolahi (In re Sazegar)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 10 months ago

Citation:

CC-14-1188-TaDPa (9th Cir. BAP February 19, 2015)

Ruling:

In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court.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...

Judge(s):

TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Rule 4001
• Rule 7004
• Rule 9014
• § 362

Starky v. Birdsell (In re Starky)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 10 years 1 month ago

Citation:

Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)

Ruling:

In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...

Judge(s):

Hon. Dunn, Jury, and Kirscher

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Professional Practice Areas
• Bankruptcy Litigation
• Rule 7001
• Rule 4003
• Rule 7004
• § 521
• § 704
• § 105
• § 330

Keys v. 701 Mariposa Project, LLC

• Summarized by Joel Newell , Ballard Spahr, LLP
• 10 years 5 months ago

Citation:

BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)

Ruling:

The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...

Judge(s):

Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Real Estate
• Rule 3004
• Rule 7004
• Rule 3007
• Rule 3008
• Rule 9014
• Rule 9024

Frates v. Wells Fargo Bank, N.A. (In re Frates)

• Summarized by Vikas Kumar , The Capitol Forum
• 10 years 10 months ago

Citation:

Frates v. Wells Fargo Bank, N.A., Case No. NC-13-1366-JuKiD (B.A.P. 9th Cir. 2013) (published)

Ruling:

The Debtors satisfied procedural due process requirements by serving their motion and notice of motion to avoid the judicial lien of Wells Fargo in accordance with the Federal Rules of Bankruptcy...

Judge(s):

Jury, Kirscher, and Dunn

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Rule 4003
• Rule 7004
• Rule 9014
• 522

Charles W. Ries v. Scarlett & Gucciardo, PA, et al.

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 5 months ago

Citation:

No. 13-6003 (8th Cir. August 1, 2013).

Ruling:

Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...

Judge(s):

Federman, Saladino, and Nail.

Tag(s):

• 8th Circuit
• Bankruptcy Litigation
• Preferences
• Rule 7004
• Rule 7015
• § 547

Bank of America, N.A. v. LSSR, LLC (In re LSSR, LLC)

• Summarized by Andrew Hardenbrook , Snell & Wilmer, LLP
• 11 years 7 months ago

Citation:

BAP No. CC-12-1636-DKiTA

Ruling:

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...

Judge(s):

Dunn, Kirscher, Taylor

Tag(s):

• 9th Circuit
• Automatic Stay
• Rule 4001
• Rule 7004
• Rule 9014
• § 362

Marciano v. Chapnick (In re Marciano)

• Summarized by Elie Herman ,
• 11 years 10 months ago

Citation:

No. 11-60070 (9th Cir. February 27, 2013)

Ruling:

The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor...

Judge(s):

Kirscher, Markell, and Dunn.

Tag(s):

• 9th Circuit
• Claims
• Rule 7004
• § 101
• § 303

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

• Summarized by Ferve Ozturk , BakerHostetler
• 12 years 5 months ago

Citation:

460 B.R. 222 (8th Cir.BAP 2011)

Ruling:

The 8th Circuit BAP AFFIRMED the Bankruptcy Court. The Panel held that the bankruptcy court did not abuse its discretion by extending the time for service of process of a complaint seeking...

Judge(s):

Kressel, Chief Judge; Saladino and Nail, Bankruptcy Judges

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Rule 7004
• Rule 9006
• § 546
• § 547

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

• Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
• 13 years 1 month ago

Citation:

Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)

Ruling:

The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...

Judge(s):

Kressel, Saladino, and Nail

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Rule 7004
• Rule 9006
• Rule 7015
• Rule 7021
• Rule 7042
• § 363
• § 544
• § 105
• § 546
• § 547
• § 108

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