9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1316-KiTaPa (August 26, 2015) - Not for Publication
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's order and judgment excepting certain debts of the Debtor. To establish an exception from discharge the plaintiff...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 9 months ago
Citation:
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 9 months ago
Citation:
15-1416
Ruling:
The 7th Circuit found that the phrase “for cause” as used in the Bankruptcy Code embraces conduct that, even if not a violation of required procedures, avoids repayment of a debt without an...
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 9 months ago
Citation:
Fifth Circuit Court of Appeals; No. 13-10120
Ruling:
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a...
Judge(s):
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
Kim, et al. v. Sun, et al. (In re Sun), Case No. CO-14-050 (B.A.P. 10th Cir. August 11, 2015). Published.
Ruling:
Culture can be a factor when determining justifiable reliance under 523(a)(2)(A). Repeated substitution of property can show a scheme to permanently deprive plaintiffs of their money for purposes...
Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.
Ruling:
The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 9 months ago
Citation:
13-2359 (7th Cir. August 10, 2015)
Ruling:
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the...
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
