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RUBEN PALAZZO, V. BAYVIEW LOAN SERVICING, LLC

Summarizing by Bradley Pearce

Bronson v. Thompson (In re Bronson)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. AZ-16-1050-JuFL (October 12, 2016) Not for Publication
Ruling:
The bankruptcy court did not abuse its discretion in dismissing the Debtors' state law claims and closing the adversary. When determining whether to retain jurisdiction or send a claim to state...
Judge(s):
JURY, FARIS, and LAFFERTY
Tag(s):

Hobbs v. State of Arizona (In re Hobbs)

Citation:
In re Hobbs, BAP No. AZ-15-1397-LJuF (9th Cir. B.A.P. Oct. 13, 2016). Not for publication.
Ruling:
In a 523 action, the Rooker-Feldman doctrine bars a debtor’s attack on a state-court judgment’s culpability determination.
Judge(s):
William J. Lafferty, III, Meredith A. Jury (Chief Judge), and Robert J. Faris, Bankruptcy Appellate Judges.
Tag(s):

Neuman v. Krenz (In re Krenz)

Citation:
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Judge(s):
FARIS, LAFFERTY, and JURY
Tag(s):

Grant v. Granader (In re Granader)

Citation:
2016 WL 5936797 (6th Cir. 2016)
Ruling:
Bankruptcy Court did not abuse its discretion in denying creditor's Motion to Reopen Chapter 7 case where motion was filed 3 years after entry of discharge and reopening case would have on effect.
Judge(s):
Boggs, Suhreinrich, McKeague
Tag(s):

Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.)

Citation:
Goldman v. Bankton Financial Corp., L.L.C. (In re Skyport Global Communications, Inc.), Case No. 15-20243 (5th Cir. Oct. 12, 2016) (unpublished)
Ruling:
Affirmed contempt order and sanctions award against attorney and financial advisor for contacting witnesses without permission in violation of the bankruptcy court's preliminary injunction.
Judge(s):
Elrod, Graves, Costa
Tag(s):

Hannon v. ABCD Holdings, LLC (In re Hannon)

Citation:
United States Court of Appeals for the First Circuit, No. 15-2269, October 7, 2016
Ruling:
Affirming the district court's affirmance of the bankruptcy court's entry of summary judgment denying the Debtor's discharge under 11 U.S.C. sec. 727(a)(4)(A), the First Circuit examined the...
Judge(s):
Judges Kayatta, Barron and McAuliffe
Tag(s):

U.S.A. v. Free

Citation:
Case No. 15-2939 (3d Cir. Oct. 6, 2016)
Ruling:
Reversed and remanded. Under the federal Sentencing Guidelines, "loss" must reflect the actual pecuniary loss incurred, or which a defendant intended to incur, through bankruptcy fraud. Only...
Judge(s):
Fuentes (author), Shwartz, and Restrepo, C.J.
Tag(s):

Kvassay v. Kvassay (In re Kvassay)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1420-KiTaKu (October 6, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling denying Peter E. Kvassay ("Debtor") motion for order to show cause why Robert V. Kvassay ("Creditor") should not be sanctioned...
Judge(s):
Honorable KIRSCHER, TAYLOR and KURTZ
Tag(s):

Privitera v. Curran

Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

Andover Covered Bridge, LLC v. Harrington

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling:
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine...
Judge(s):
Feeney, Godoy, and Harwood
Tag(s):

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