In re Leucadia Group, LLC

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-20-1066-GFB (9th Circuit, Nov 04,2020) Not Published
Case Status:
Affirmed
Ruling:
Full Faith and Credit Act requires bankruptcy courts to give the same preclusive effect to a state court judgment. Under Georgia law, a voluntary dismissal with prejudice operates as an...
Judge(s):
Honorable Gan, Faris, and Brand, Bankruptcy Judges
Tag(s):

Serap v. Idnani (In re Serap)

Citation:
BAP No. NV-18-1077-BKuTa (9th Circuit, May 02,2019) Not Published
Case Status:
Reversed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy (D. Nev.) in 2-1 split, concluding Nevada's "one-action rule" renders a creditor's deed of trust void if, prior to the completion of the...
Judge(s):
Brand, Kurtz, Taylor
Tag(s):

LVNV Funding, LLC v. Harling, v. Simmons-Beasley

Citation:
No. 16-1346 and 16-1347 (consolidated for appeal) (4th Circuit, Mar 30,2017) Published
Case Status:
Affirmed
Ruling:
Held that the Debtors’ objections to LVNV’s proofs of claim as an unsecured creditor are not barred by the doctrine of res judicata. There was no adjudication of the claim of any individual...
Judge(s):
Before Circuit Judges Agee, Keenan and Thacker. Affirmed by published opinion authored by Judge Agee, in which Judge Keenan and Judge Thacker joined.
Tag(s):

Halloum v. Kasolas (In re Halloum)

Citation:
BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) denying chapter 7 debtors' motion for leave to sue the chapter 7 trustee. The bankruptcy court correctly applied...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

Kvassay v. Kvassay (In re Kvassay)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...
Judge(s):
Honorable KIRSCHER, TAYLOR and KURTZ
Tag(s):

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

Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Pirani v. Baharia (In the Matter of Pirani)

Citation:
--- F.3d ---, Case No. 15-40538 (5th Cir May 27, 2016)
Ruling:
Affirmed, in part, the lower courts' judgment against the debtor based on breaches of a pre-petition settlement agreement. The debtor’s payment of $300,000 for an “assignment” of the...
Judge(s):
Higginbotham, Southwick, Higginson (opinion by Higginson)
Tag(s):

Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In re Halloum)

Citation:
9th Cir. BAP Case No. EC-14-1219-JuKuPa (May 19, 2015)
Ruling:
Bankruptcy Court findings of fact were insufficient to support a disputed fee award where Debtor claimed that Counsel had agreed to flat fee of $40,000 for chapter 11 filing. Order awarding fees...
Judge(s):
Jury, Kurtz, and Pappas, Bankruptcy Judges
Tag(s):

Bowman v. Casamatta (In re: Bowman)

Citation:
Bowman v. Casamatta (In re Bowman), No. 14-6034 (BAP 8th Cir. Mar. 18, 2015)
Ruling:
BAP affirmed bankruptcy court's denial of motion to reopen chapter 11 case. Original case had been dismissed for cause nearly a decade prior before any plan was confirmed. BAP ruled that 11 USC...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

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