BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)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...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 2 months ago
Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
In a published decision, the 9th Circuit affirmed in part, and vacated in part, the district court's (C.D. Cal.) order finding that defendant entity violated s 5 of the FTC Act; holding the...
Bankruptcy court properly awarded Chapter 7 Trustee sanctions of $99,745.24 against principals of Debtor corporation under Section 105(a) and 542 for violating the stay and refusing to turnover...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 4 months ago
Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain
assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 4 months ago
Citation:
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by...
Judge(s):
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
10 years 5 months ago
Citation:
In re Martin (6th Cir. BAP Dec. 16, 2015)
Ruling:
Bankruptcy court did not err in granting creditor stay relief to continue litigation against the Debtor in pending state court action. Applying the factors set forth in In re Sonnax Industries,...
9th Cir. BAP Case No. CC-15-1008-KuFKi and CC-14-1446-KuFKi (December 7, 2015)
Ruling:
in the unpublished decision, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's award of damages for Reliance Steel & Aluminum, Co. ("Reliance") and Reliance's...
