Steven Dollman v. Philip Montoya (In re Mendoza & Armijo)

• Summarized by Michael Cooley , Reed Smith LLP
• 5 years 10 months ago

Citation:

BAP Nos. NM-18-019, NM-18-030 (10th Circuit, Feb 05,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy Rule 1009(a), which permits a debtor to amend its schedules “at any time before the case is closed,” applies equally in a case that has been closed and subsequently reopened such...

Judge(s):

Michael, Romero, and Somers

Tag(s):

• 10th Circuit
• Practice and Procedure
• Discharge/Dischargeability
• Rule 1009
• Rule 9006

Warner Angle Hallam Jackson Formanek, P.L.C v. Lock (In re LMM Sports Management, LLC., et al.)

• Summarized by Lars Fuller , BakerHostetler
• 8 years 7 months ago

Citation:

BAP No. AZ-15-1195-KuJaJu (BAP 9th Cir. Jun. 1, 2016) (unpublished)

Ruling:

The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Az.), finding that the bankruptcy court did not err in denying creditor's motion to allow late filed claim, or in...

Judge(s):

Kurtz, Jaime, Jury

Tag(s):

• 9th Circuit
• Claims
• Practice and Procedure
• Rule 3003
• Rule 9006
• § 502
• § 1111

Mullin v. Wells Fargo Bank (In re Mullin)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 2 months ago

Citation:

Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]

Ruling:

In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed...

Judge(s):

JURY, KURTZ, and PAPPAS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Asset Sales
• Discharge/Dischargeability
• Automatic Stay
• Mortgage
• Bankruptcy Litigation
• Predatory Lending
• Fraud
• Fraudulent Transfers
• Lender Liability
• Practice and Procedure
• Real Estate
• Fed.R.Bankr.P. 7012
• Rule 9006
• Rule 9023
• Rule 9024

Luxury Jewels, LLC v. Akers (In re Aroonsakool)

• Summarized by Elie Herman ,
• 10 years 9 months ago

Citation:

No. SC-13-1206-JuKuPa (9th Cir. BAP March 28, 2014)

Ruling:

Affirms the bankruptcy court's order for substantive consolidation nunc pro tunc to the debtors' petition date.

Judge(s):

Jury, Kurtz, and Pappas.

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Retail
• Small Business
• Rule 9006

Spokane Law Enforcement FCU v. Barker (In re Barker)

• Summarized by Bryan Robinson , Law Offices of Bryan Robinson
• 10 years 9 months ago

Citation:

In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]

Ruling:

In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed...

Judge(s):

JURY, KURTZ, and PAPPAS,

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Bankruptcy Litigation
• Finance and Banking
• Plan Confirmation
• Practice and Procedure
• Rule 3001
• Rule 3002
• Rule 3003
• Rule 3004
• Rule 9006
• Rule 3021
• § 341
• § 501
• § 502
• § 1111

Ettinger and Associates, LLC v. Miller (In re Miller)

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 11 years 3 months ago

Citation:

Ettinger and Associates, LLC v. Miller (In re Miller), Case No. 12-3151 and 12-3152

Ruling:

In this precedential opinion, the Third Circuit affirmed the District Court's order reversing a Bankruptcy Court's award of sanctions under Rule 9011 for failure to comply with the Rule's "safe...

Judge(s):

McKee, Ambro and Nygaard [Opinion by Ambro]

Tag(s):

• 3rd Circuit
• Discharge/Dischargeability
• Practice and Procedure
• Rule 9006
• Rule 9011
• § 523

Anwar v. Johnson

• Summarized by Isaac Rothschild , Mesch Clark Rothschild
• 11 years 6 months ago

Citation:

No. 11-16612; 2013 WL 645744

Ruling:

The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...

Judge(s):

Farris, Thomas, and Smith

Tag(s):

• 9th Circuit
• Discharge/Dischargeability
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Rule 9006
• Rule 4007
• § 523

Hathorn v. Petty (In re Petty)

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

Citation:

8th Cir. BAP, Case No. 13-6002 (May 8, 2013)

Ruling:

REVERSED. The 8th Circuit BAP reversed the decision of Bankrupcy Court (W.D. Ark - Fayetteville) after the Bankruptcy Court dismissed creditors' 523(a)(6) complaint as being untimely. The BAP...

Judge(s):

8th Cir. BAP Panel Judges Saladino, Kressel, and Shodeen (Opinion by Thomas L. Saladino)

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• Rule 9006
• Rule 4007
• § 523

Bourgeois v. Bank of America (In re Bourgeois)

• Summarized by Shara Cornell , McDonald Hopkins LLC
• 11 years 9 months ago

Citation:

Bourgeois v. Bank of America (In re Bourgeois), No. 12-6056 (8th Cir. BAP March 22, 2013)

Ruling:

Incarceration was not an exigent circumstance and Debtor did not meet the standard for a Motion for Relief from Final Judgment, Order or Proceeding under FRCP 59(e) and FRBP 9023.

Judge(s):

Chief Judge Federman, Judge Saladino, Judge Nail

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Practice and Procedure
• Venue/Jurisdiction
• Rule 8001
• Rule 8002
• Rule 9006
• Rule 8015
• Rule 8019
• Rule 9023
• Rule 9024
• § 109

Sullivan v. Costa (In re Costa)

• Summarized by Samuel Mushell , Americans United for Government Reform
• 12 years 1 week ago

Citation:

11-10672-FJB (unpublished)

Ruling:

The Bankruptcy Appellate Panel for the 1st Circuit affirmed a Massachusetts Bankruptcy Court's ruling, which held that a creditor's untimely filing of a motion objecting to discharge had lapsed....

Judge(s):

Judge Haines, Judge Deasy, and Judge Tester

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Bankruptcy Litigation
• Rule 4004
• Rule 9006
• Rule 4007
• § 523
• § 105
• § 727

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