Rupp v. Pearson

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 2 months ago

Citation:

Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.

Ruling:

It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...

Judge(s):

Tymkovich, Hartz, Phillips

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Litigation
• Rule 7026
• § 1325
• § 727

Pham v. Golden (In re Pham)

• Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
• 9 years 4 months ago

Citation:

In re Pham, No. CC-14-1342-KiBrD (9th Cir. B.A.P. Sep. 2, 2015).

Ruling:

The bankruptcy court could not rely on three local bankruptcy rules of the Central District of California to impose discovery sanctions on nonparties and their lawyer.

Judge(s):

Ralph B. Kirscher and Randall L. Dunn, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation.

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• 9011
• Rule 1001
• Rule 7026

Bencomo v. Avery (In re Bencomo)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 9 years 7 months ago

Citation:

9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1361-TaPaKi (June 1, 2015)

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") addressed two issues in the unpublished opinion. First, whether Chapter 7 Trustee's ("Trustee") realtor was required to file a written report...

Judge(s):

TAYLOR, PAPPAS, and KIRSCHER, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Bankruptcy Litigation
• Rule 7026
• Rule 7037
• Rule 7052
• § 727

Giminiani v. Cesar

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 11 years 3 months ago

Citation:

Case No. 12-4356-bk (2d Cir. September 17, 2013)

Ruling:

By Summary Order (with no precedential effect), the Court of Appeals affirmed the judgments of the lower courts. With respect to the dismissal of the fraud claim, the Court of Appeals held that...

Judge(s):

Reena Raggi, Gerard E. Lynch, Raymond j. Lohier, Jr., Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fraud
• Rule 7026
• § 523

The Village at Lakeridge, LLC v. U.S. Bank National Association (In re The Village at Lakeridge, LLC)

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

Citation:

BAP Nos. NV-12-1456-PaKiTa and NV-12-1474-PaKiTa (Cross-appeals)

Ruling:

In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED. The Panel based its ruling by weighing the...

Judge(s):

Hon. Jim D. Pappas; Hon. Ralph B. Kirscher; and Hon. Laura S. Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Business Reorganization
• Bankruptcy Litigation
• Plan Confirmation
• Rule 9014
• Rule 7026
• Rule 7030
• § 101
• § 1126
• § 1129

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