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Cardenas v. Shannon (In re Shannon)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
BAP Nos. AZ-14-1497-JaJuKu & AZ-15-1040-JaJuKu (BAP 9th Cir. Jul. 22, 2016) (Published)
Ruling:
The BAP for the 9th Cir. affirmed in part, and reversed in part, the judgment of the bankruptcy court (D. Az.) rejecting the 523(a)(2)(A) nondischargeability claim of plaintiffs, and awarding...
Judge(s):
Jaime, Jury, Kurtz
Tag(s):

Kun v. Mansdorf (In re Woodcraft Studios, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 8 months ago
Citation:
In re Woodcraft Studios, Inc., No. NC-15-1143-WJuKu (9th Cir. B.A.P. July 22, 2016). Not-for-publication memorandum.
Ruling:
After a bankruptcy court has denied a request for compensation by the attorney for a debtor in possession, the attorney’s proof of claim for the denied compensation may also be disallowed.
Judge(s):
Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Bushkin v. Singer (In re Bushkin)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 8 months ago
Citation:
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling:
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Judge(s):
Kirscher, Kurtz, Faris
Tag(s):

Roussel v. Clear Sky Properties, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
No. 15-3048 (8th Cir. July 25, 2016)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (E.D. Ark.), which affirmed the ruling of the bankruptcy court that state court award of attorneys' fees was nondischargeable....
Judge(s):
Smith, Gruender, Benton
Tag(s):

Hagele, Jr. v. Burch (In re Hagele, Jr.)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 8 months ago
Citation:
Hagele, Jr. v. Burch (In re Hagele, Jr.), Case No. EC-15-1033-JuDTa (9th Cir. BAP, Jul. 18, 2016) (unpublished)
Ruling:
Bankruptcy court judgment, holding that state court prepetition judgment entered in favor of creditor and against debtor for defamation and unfair trade practices established "willful and malicious...
Judge(s):
Jury, Dunn, and Taylor
Tag(s):

Hurst v. Southern Arkansas University (In re Hurst)

Citation:
Hurst v. Southern Arkansas University (Case No. 15-6031, July 19, 2016)
Ruling:
The bankruptcy court did not err in holding that the debtor did not meet her burden of proving that repayment of her student loan would impose an undue hardship on her.
Judge(s):
Federman, Saladino, Shodeen (dissenting)
Tag(s):

Civic Partners Sioux City, LLC v. Main Street Theaters, Inc., et al (In re Civic Partners Sioux City, LLC)

Citation:
In re Civic Partners Sioux City, LLC (Case No. 15-6024)
Ruling:
The BAP reversed the bankruptcy court's order dismissing debtor's chapter 11 bankruptcy case and remanded for further proceedings consistent with this ruling.
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

Citation:
No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)
Ruling:
District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re...
Judge(s):
Smith (author), Roth, and Rendell
Tag(s):

Ulrich v. Walker (In re Boates)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 8 months ago
Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

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