BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 2 months ago
Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Rent-A-Center East, Inc. v. Leonard (In re WEB2B Payment Solutions, Inc.), Case No. 14-3190
Ruling:
The court held that: (1) all proceeds from the debtor's bank account from its automated clearinghouse and electronic-check conversion services to Rent-A-Center East, Inc. ("RAC") were bankruptcy...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 2 months ago
Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
In re Singh, No. CC-15-1126-TaFC (9th Cir. B.A.P. Feb. 26, 2016).
Ruling:
A lawyer’s failure to prepare a status report before an adversary-proceeding status conference did not warrant the terminating sanction of dismissal of the action. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Fred C. Corbit, Chief Bankruptcy Judge for the Eastern District of Spokane, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
In re Chagolla, No. 15-1142-JuKuW (9th Cir. B.A.P. Feb. 9, 2016).
Ruling:
A debtor may avoid an unsecured junior lien even after plan confirmation, discharge, and case closure, absent unfair prejudice to the secured creditor. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation.
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
In re Hebert, No. NV-14-1575-DJuKi (9th Cir. B.A.P. Feb. 23, 2016).
Ruling:
Issue preclusion arising from a nondischargeability judgment in debtor 1’s case supports nondischargeability in debtor 2’s case. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
