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Fireman's Fund Insurance Co. v. Onebeacon Insurance Co. (In re Plant Insulation Co.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 5 months ago
Citation:
In re Plant Insulation Co., --F.3d--, 2013 WL 5779568 (Oct. 28, 2013 9th Cir.)
Ruling:
The Ninth Circuit Court of Appeals held that because the Debtors' plan of reorganization did not call for the Trust to control the reorganized debtor either after confirmation or at any point where...
Judge(s):
O'Scannlain
Tag(s):

Sears v. U.S. Trustee (In re AFY)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 12 years 5 months ago
Citation:
11-2283
Ruling:
The Eighth Circuit affirmed the District Court holding that the appeals of the Debtor's principals and of an entity related to the Debtor must be dismissed. The Debtor's principals appealed from an...
Judge(s):
Riley, Loken, and Shepherd
Tag(s):

Pennington-Thurman v. Bank of America N.A. (In re Pennington-Thurman)

Citation:
Pennington-Thurman v. Bank of America, N.A., No. 13-6023 (October 21, 2013)
Ruling:
The BAP affirmed the bankruptcy court's conclusion that the debtor's allegations against her mortgage lender were without merit and, therefore, it did not abuse its discretion in denying the...
Judge(s):
Federman, Saldino, and Shodeen
Tag(s):

Utnehmer v. Crull (In re Utnehmer)

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 12 years 5 months ago
Citation:
2013 WL 5573198 (B.A.P. 9th Cir. October 10, 2013)
Ruling:
Applying California partnership law, the Bankruptcy Appellate Panel ("B.A.P.") reversed the bankruptcy court because it erred when it decided that a partnership existed between the debtor defendant...
Judge(s):
Hon. Jim D. Pappas; Hon. Randall L. Dunn; Hon. Meredith A. Jury; (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by the Hon. Alan Jaroslovsky (Chief Bankruptcy Judge, Northern District of California)
Tag(s):

Van Damme v. Hammer 1994 Trust (In re Van Damme)

Citation:
2013 WL 5550368 (B.A.P. 9th Cir. Oct. 8, 2013)
Ruling:
The United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed the holding of the United States Bankruptcy Court, District of California, finding that the Bankruptcy Court: a) properly...
Judge(s):
Honorable Randall L. Dunn, Honorable Meredith A. Jury, Honorable Jim D. Pappas
Tag(s):

Onyeabor v. Centennial Point Owners Association (In re Onyeabor)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 5 months ago
Citation:
Onyeabor v. Centennial Pointe Owners Ass’n, et al., Case No. 13-4037 (10th Cir. October 9, 2013) (unpublished)
Ruling:
Conversion is appropriate where plan makes no provision for repayment of prepetition secured claims, where Debtor’s income is insufficient to support her plan or even the Appellees’ judgment...
Judge(s):
Briscoe, Anderson, Brorby
Tag(s):

Keith v. Exchange Bank (In re Keith)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 6 months ago
Citation:
B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
Judge(s):
Dunn, Pappas and Jury
Tag(s):

Caraway v. Klein (In re Klein)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 6 months ago
Citation:
In re Klein, 9th Cir. BAP., No. NC-12-1263-JuPaD (October 03, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel affirmed the finding by the bankruptcy court, that Douglas Caraway’s state court judgment debt against debtor, Jack Klein,...
Judge(s):
JURY, PAPPAS, and DUNN,
Tag(s):

Alakozai v. citizens Equity First Credit Union (In re Alakozai)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 6 months ago
Citation:
BAP NC-12-1470 PaDJu
Ruling:
The 9th Cir. BAP agreed with the Bankruptcy Court and held that an in rem order entered in a prior bankruptcy case was effective as to the real property previously owned by the Debtor / Appellant,...
Judge(s):
Honorable Pappas, Dunn, and Jury
Tag(s):

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