Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In re Lakhany, No. CC-14-1486-BrDKi (9th Cir. B.A.P. Sep. 28, 2015).
Ruling:
A creditor without notice of a chapter 7 case may bring a § 523 action after the deadline applicable to creditors with notice—and after case closure. A closed case need not be reopened before a...
Judge(s):
Randall L. Dunn and Ralph B. Kirscher, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation. Opinion by Judge Brandt.
Lane v. Barney, BAP No. WY-14-061 (BAP 10th Cir. Sept. 28, 2015)
Ruling:
BAP affirmed in part, and reversed in part, order of bankruptcy court (D. Wy.) taxing costs against chapter 7 debtor incurred by trustee in retaking possession of estate property. Notwithstanding...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In the Matter of Tower Park Properties, LLC, No. 13-56045 (9th Cir. Sep. 28, 2015).
Ruling:
A trust beneficiary lacks standing to oppose a settlement between the trust and a bankruptcy estate.
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges, and Elizabeth E. Foote, District Judge for the Western District of Louisiana, sitting by designation. Opinion by Judge Bybee.
In the ruling, determined not to be appropriate for publication, by the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court's nondischargeability judgment...
Judge(s):
Honorable KURTZ, PERRIS and TAYLOR, Bankruptcy Judges.
JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.; Southwest Value Partners Fund XV, LLP; SWVP LA Paloma LLC; SWVP Hilton Head, LLC (In re Transwest Resort Properties, Inc.), -- F.3d. -- (9th CA September 15, 2015)
Ruling:
The Ninth Circuit Court of Appeal ("Panel") withdrew its Opinion and Dissent filed on July 1, 2015, appearing at 791 F.3d 114. Even though the Chapter 11 plan had been implemented, a lender's...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling:
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
The Ninth Circuit dismissed for lack of jurisdiction (lack of finality) an appeal and a cross-appeal from a district court’s order affirming in part and remanding in part for further factual...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.
Appellant lacked prudential standing because it failed to demonstrate a sufficient particularized injury. "The prudential standing rule normally bars litigants from asserting the rights or legal...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 9 months ago
Citation:
In re Pham, No. CC-14-1342-KiBrD (9th Cir. B.A.P. Sep. 2, 2015).
Ruling:
The bankruptcy court could not rely on three local bankruptcy rules of the Central District of California to impose discovery sanctions on nonparties and their lawyer.
Judge(s):
Ralph B. Kirscher and Randall L. Dunn, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation.
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
