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 Unpublished.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...
LTF Real Estate Co. Inc. v. Expert South Tulsa, LLC v. First American Title Insurance Co. (In re Expert South Tulsa, LLC), Case No. CO-15-3000 (10th Cir. October 19, 2015). Unpublished.
Ruling:
Under Oklahoma law, all legal and equitable interests in escrowed funds do not unqualifiedly transfer to a bankruptcy estate.
Case No. 14-1236 (10th Cir. Ct. App. October 15, 2015).
Ruling:
The Tenth Circuit Court of Appeals affirmed the decision of the Bankruptcy Appellate Panel, which denied the Plaintiffs attempts to recover and avoid certain transfers under 11 U.S.C. 548.
Judge(s):
Tymkovich, Chief Judge and Hartz and Phillips, Circuit Judges
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 7 months ago
Citation:
In re Kanter, No. CC-15-1059-DTaKu (9th Cir. B.A.P. Oct. 13, 2015).
Ruling:
A debtor-defendant in a § 523(a)(2) action waives the defense of the untimeliness of the complaint by not raising it as an affirmative defense. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 7 months ago
Citation:
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling:
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s):
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C....
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication. The BAP affirmed the bankruptcy court's...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In re Penrod, No. 13-16097 (9th Cir. Oct 1, 2015).
Ruling:
Under California’s reciprocal attorney-fee statute, a chapter 13 debtor who prevailed in litigation regarding the § 1325(a) hanging paragraph may recover attorney fees from the creditor.
Judge(s):
Susan P. Graber and Paul J. Watford, Circuit Judges, and Ronald Lee Gilman, Senior Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 8 months ago
Citation:
CTA5 No. 15-40321
Ruling:
Because Texas Property Code section 52.042 did not affect the lienholder's status until after the bankruptcy, and must be read in conjunction with section 52.043, which creates an exception for...
