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Monge v. Rojas (In the Matter of Monge)

Citation:
Monge v. Rojas (In the Matter of Monge), No. 15-50180, (5th Cir. June 14, 2016)
Ruling:
The district court did not err by overruling unopposed objections to the bankruptcy court's proposed findings of fact and conclusion of law; the district court properly considered the merits of the...
Judge(s):
Smith, Barksdale, Costa
Tag(s):

Wilson v. Desert Realty, Inc., et al. (In re Wilson)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 7 months ago
Citation:
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP...
Judge(s):
Dunn, Faris Barash
Tag(s):

Castaic Partners II, LLC v. Daca Castaic, LLC (In the Matter of Castaic Partners II, LLC)

Citation:
Case No. 14-55281
Ruling:
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
Tag(s):

World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

Citation:
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling:
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of...
Judge(s):
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
Tag(s):

Emmert, et al. v. Taggart (In re Taggart)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 9 months ago
Citation:
BAP No. OR-15-1119-JuKiF & BAP No. OR-15-1158-JuKiF (BAP 9th Cir. Apr. 12, 2016)
Ruling:
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
Judge(s):
Jury, Kirscher, Faris
Tag(s):

Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 9 months ago
Citation:
No. 11-60039 (9th Cir. March 25, 2016) (Published)
Ruling:
The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P....
Judge(s):
Wallace, Leavy, Bybee
Tag(s):

Wilson v. Desert Realty, Inc. (In re Lindsey)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 9 months ago
Citation:
BAP Nos. NV-14-1583-KiDJu & NV-15-1071-KiDJu (BAP 9th Cir. Mar. 21, 2016)
Ruling:
BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301...
Judge(s):
Kirscher, Dunn, Jury
Tag(s):

Jepson v. Bank of New York Mellon (In re Jepson)

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 8 years 9 months ago
Citation:
Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
Ruling:
The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply...
Judge(s):
Posner, Ripple, and Hamilton
Tag(s):

Park v. Laski (In re Holy Hill Community Church)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 10 months ago
Citation:
BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of...
Judge(s):
Taylor, Kurtz, Faris
Tag(s):

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