In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling determined not to be appropriate for publication; the BAP determined that the bankruptcy court did not abuse its discretion in...
In the Memorandum decision by the Ninth Circuit Bankruptcy Appellate Pane determined not to be appropriate for publication, the Bankruptcy Appellate Panel appeal of the bankruptcy court order...
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
GL3B Trust II, et al. v. First Citizens Bank & Trust Company, et al. (In re Autterson), BAP No.CO-14-063 & BAP No.CO-14-064 (BAP 10th Cir. Nov. 6, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court (D. Colo.) granting in part a creditors' objection and reducing the allowed amount of two claims scheduled as undisputed by...
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1012-FKiKu (Not For Publication)
Ruling:
The Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's order holding that Samuel Farah's ("Appellee") debt owed by Kamal Zeeb ("Appellant") was nondischargeable. The pre-petition...
The Bankruptcy Appellate Panel ("BAP"), in the ruling determined not appropriate for publication, vacated the bankruptcy court's order dismissing the Chapter 11 case as a bad faith filing and...
John F. Best, Jr. v. Nationstar Mortgage LLC, BAP NO. NH 15-019 (October 30, 2015)
Ruling:
The bankruptcy court did not err in granting Nationstar’s motion for judgment on the pleadings. The pleadings failed to set forth facts sufficient to establish a plausible claim that Nationstar...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") applied the two-part test to determine whether the bankruptcy court abused its discretion: first, determine de novo whether the [bankruptcy]...
Judge(s):
JURY, KLEIN (sitting by designation) and PAPPAS, Bankruptcy Judges
Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (BAP 10th Cir. October 23, 2015). Unpublished.
Ruling:
Actual fraud must be found to deny discharge under section 727(a)(2) and to deny a discharge under section 727(a)(4), the court must be convinced that the debtor knowingly and fraudulently made a...
