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Green v. Howard Family Trust Dated August 21, 1998 (In re Green)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 3 months ago
Citation:
NV-15-1349-KiLDo (9th Cir. BAP) (9th Circuit, Nov 09,2016) Not Published
Case Status:
Affirmed
Ruling:

9th Cir. BAP affirmed order converting Chapter 11 case to Chapter 7 as a bad faith filing to avoid entry of state court embezzlement judgment.

Judge(s):
KIRSCHER, LAFFERTY and DORE
Tag(s):

Gately v. Moore (In re Gately)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 4 months ago
Citation:
Bap No. CC-16-1086-TaFMc (BAP 9th Cir. Nov. 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to avoid judicial lien. Bankruptcy court properly ruled that attorney fees...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Rupp v. Pearson

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 4 months ago
Citation:
Rupp v. Pearson, Case No. 15-4191 (10th Cir. November 7, 2016). Unpublished.
Ruling:
It is not necessary to show fraud when seeking to dismiss a case when a debtor is attempting to hinder or delay creditors and, at the pleading stage, it is not necessary that the inference of...
Judge(s):
Tymkovich, Hartz, Phillips
Tag(s):

Merrill v. Bessler (In re Bessler)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 4 months ago
Citation:
BAP No. NV-15-1427-LDoKi (BAP 9th Cir. Nov. 1, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit reversed and remanded the ruling of the bankruptcy court (D. Nev.) dismissing plaintiff's adversary complaint for failure to prosecute after plaintiff failed to appear...
Judge(s):
Lafferty, Dore, Kirscher
Tag(s):

Halloum v. Kasolas (In re Halloum)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 4 months ago
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BAP No. EC-15-1401-JuKuMa (BAP 9th Cir. Oct. 27, 2016) (unpublished)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):

Galaz v. Katona (In the Matter of Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 9 years 4 months ago
Citation:
Case No. 15-50919 (5th Cir. Oct. 28, 2016)
Ruling:
AFFIRMED bankruptcy court's injunctive relief, concluding that post-confirmation jurisdiction existed, and that the prior settlement order barred the defendant (Galaz) from pursuing claims against...
Judge(s):
Clement, Weiner, Costa
Tag(s):

Mission Product Holdings, Inc. v. Old Cold, LLC

Citation:
Mission Product Holdings, Inc. v. Old Cold, LLC, 1st Cir. Bankr. App. Panel app. I
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's order approving the sale of substantially all of the assets of Debtor.
Judge(s):
Lamoutte, Hoffman, and Cary
Tag(s):

Holley v. Corcoran (In re Holley)

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 5 months ago
Citation:
File No. 16a0580n.06; Case No. 16-1081 (Sixth Cir., October 25, 2016)
Ruling:
Sixth Circuit Court of Appeals reversed bankruptcy court's decision which allowed Chapter 7 trustee payment of administrative expenses from the proceeds of sale of real property owned by debtors as...
Judge(s):
Circuit judges Daughtery, Gibbons,and Cook
Tag(s):

Premier Capital, LLC v. Crawford (In re Crawford)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 years 5 months ago
Citation:
BAP No. 16-1285 for USCA First Circuit
Ruling:
Affirmed the district court's ruling on the § 727(a)(4)(A) claim; therefore, we do not reach the merits of the § 727(a)(2)(A) claim.
Judge(s):
Before J. Thompson, J. Barron and J. McConnell (sitting by designation). Appeal from the USDC-Massachusetts, J. Sorokin.
Tag(s):

Cottle v. AZ Corp. Commission (In re Cottle)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 5 months ago
Citation:
BAP No. AZ-16-1078-JuFL (BAP 9th Cir. Oct. 17, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed rulings of bankruptcy court (D. Az.), entering net nondischargeable judgment against debtors after setting off stay violation penalties against creditor. The BAP...
Judge(s):
Jury, Faris, Lafferty
Tag(s):

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