Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Templeton, et al. v. Milby, et al. (In re Milby)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
9th Circuit Bankruptcy Appellate Case No. CC-15-1180-FCTa (February 24, 2016)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") entered two separate rulings related to the same facts. The BAP held that in tolling statutes of limitations, the courts have typically assumed...
Judge(s):
Bankruptcy Judges FARIS, CORBIT, and TAYLOR.
Tag(s):

3.78 Irish Acres, LLC v. Ireland Empire Servicing Co., et al. (In re 3.78 Irish Acres, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 3 months ago
Citation:
BAP No. NV-15-1096-JuKiD (BAP 9th Cir. Feb. 25, 2016) (unpublished)
Ruling:
In an unpublished ruling, the BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing an LLC's second chapter 7 filing based on claim and issue preclusion following...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Castellanos Group Law Firm, L.L.C v. Federal Deposit Insurance Corp.

Citation:
2015-0036 (1st Cir. BAP February 17,2016) (MJS Las Croabas Properties, Inc a/k/a Ocean Club at Seven Seas)BAP NO. 15-036 Bankr. Case No12-05710ESL
Ruling:
On a decision for publication, the BAP affirmed the imposition of sanctions against the law firm under 28 U.S.C. §1927.
Judge(s):
Feeney, Deasy, and Cary
Tag(s):

Shalaby v. Mansdorf (In re Nakhuda)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 3 months ago
Citation:
In re Nakhuda, No. NC-15-1149-JuKuW (9th Cir. B.A.P. Feb. 4, 2016).
Ruling:
A bankruptcy court may not impose sua sponte sanctions on a lawyer without finding that the lawyer’s acts were akin to contempt. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, United States Bankruptcy Jude for the District of Arizona, sitting by designation.
Tag(s):

Arciniega v. Clark (In re Arciniega)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 4 months ago
Citation:
BAP No. CC-15-1123-KiGD (BAP 9th Cir. Feb. 03, 2016)
Ruling:
In an unpublished decision, the BAP for the 9th Circuit affirmed in part, reversed in part, and vacated and remanded in part, the judgment of the bankruptcy court (C.D. Cal.) (a) excepting a debt...
Judge(s):
Kirscher, Gan (sitting by designation), and Dunn
Tag(s):

O’Rorke v. Porcaro (In re Porcaro)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 10 years 4 months ago
Citation:
O’Rorke v. Porcaro (In re Porcaro), BAP No. MW15-026, --- B.R. --- (1st Cir. BAP Feb. 3, 2016)
Ruling:
The BAP affirmed the Bankruptcy Court’s orders granting summary judgment on the judgment creditors’ 11 U.S.C. § 523(a)(6) nondischargeability claim and denying the debtor’s motion for...
Judge(s):
Deasy, Harwood, Cary
Tag(s):

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