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Valone v. Waage (In re Valone)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 years 10 months ago
Citation:
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling:
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Judge(s):
Wilson, Fay, and Ripple, Circuit Judges
Tag(s):

Baxter v. Sarmadi

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 10 months ago
Citation:
File name 15a0295n.06; Docket No. 14-5633
Ruling:
Affirming the Bankruptcy Appellate Panel (BAP), the Court of Appeals held that the automatic stay was properly annulled based on the debtor's lack of good faith and failure to adequately protect...
Judge(s):
Siler, Moore and Stranch; opinion by Stranch
Tag(s):

APJL Consulting, LLC v. Treasures, Inc. (in re Treasures, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 1 week ago
Citation:
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
Judge(s):
JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

Lei v. Yan (In re Yan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 2 weeks ago
Citation:
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling:
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under...
Judge(s):
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
Tag(s):

Chesley v. RWW Properties, LLC (In re Chesley)

Citation:
Chesley v. RWW Properties, LLC (In re Chesley), BAP No. NC-14-1070-JuTaPa (B.A.P. 9th Cir. Feb. 26, 2015) (NOT FOR PUBLICATION)
Ruling:
AFFIRMING the bankruptcy court's order denying debtor's motion for reconsideration, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion...
Judge(s):
JURY, TAYLOR, and PAPPAS
Tag(s):

Sazegar v. Jadidolahi (In re Sazegar)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 3 weeks ago
Citation:
CC-14-1188-TaDPa (9th Cir. BAP February 19, 2015)
Ruling:
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
Judge(s):
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
Tag(s):

Mercado v, Combined Investments, LLC

  • Summarized by William Amann , Amann Burnett, PLLC
  • 11 years 3 weeks ago
Citation:
BAP No. MB 14-030
Ruling:
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
Judge(s):
Deasy, Kornreich and Finkle
Tag(s):

Angio Dynamics, Inc. v. Biolitec, Inc.

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 11 years 2 months ago
Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
Judge(s):
Cabranes, Hall, Chin, Circuit Judges
Tag(s):

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 3 months ago
Citation:
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling:
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Judge(s):
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Sullivan v. Harnisch (In re Sullivan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 3 months ago
Citation:
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the...
Judge(s):
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Tag(s):

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