Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
Ruling:
AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 9 months ago
Citation:
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling:
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 9 months ago
Citation:
In re Carrera, No. NC-15-1383-KiTaJu (9th Cir. B.A.P. Aug. 16, 2016). Not for publication.
Ruling:
A chapter 13 debtors’ lawyer’s involvement in two bad-faith chapter 13 filings warranted FRBP 9011 monetary sanctions on the bankruptcy court’s own motion.
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Appellate Panel Judges.
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default...
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
The Ninth Circuit reversed the Bankruptcy Appellate Panel, which had affirmed the bankruptcy court's denial of Maria Rivera ("Debtor") motion for sanctions against Orange County Probation...
Judge(s):
Honorable Stephen Reinhardt, and Kim McLane Wardlaw, Circuit Judges, and Mark W. Bennett, District Judge.
The Eighth Circuit Court of appeals affirmed the decision of the BAP that the bankruptcy court had incorrectly calculated the setoff awarded to the debtor's land lease tenant for improvements he...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 9 months ago
Citation:
D.C. Cir. # 15-7045 (decided August 5, 2016)
Ruling:
The district court erred in applying the pre-filing injunction to the Debtor's appeals from the bankruptcy court and the matter remanded to the district court for resolution. The two matters...
Judge(s):
Circuit Judges Sri Srinivasan, Patricia A. Millett and Robert L. Wilkins. Judge Srinivasan authored the Opinion for the Court.
