Banner Bank v. Johns (In re Johns)

Citation:
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...
Judge(s):
Hon. Kirscher, Dunn, and Jury
Tag(s):

Goldman v. Gerard (In re Gerard)

Citation:
Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)
Ruling:
In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and...
Judge(s):
Kirscher, Taylor, Dunn
Tag(s):

Starky v. Birdsell (In re Starky)

Citation:
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Judge(s):
Hon. Dunn, Jury, and Kirscher
Tag(s):

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Judge(s):
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Tag(s):

Citizens Bank & Trust v. Security First Insurance Holdings, LLC (In re Brooke Capital Corp.)

Citation:
Citizens Bank & Trust v. Security First Insurance Holdings, LLC (in re Brooke Capital Corp.), __ Fed. Appx. __, 2014 WL 6873180 (10th Cir. December 8, 2014)
Ruling:
In a priority dispute between lenders, those holding participation interests in a loan secured by stock were subject to the recharacterization of their participation interest as loans, which...
Judge(s):
Kelly, Lucero, and Matheson
Tag(s):

Witkowski v. Boyajian

Citation:
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling:
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure...
Judge(s):
Tester, Godoy and Harwood
Tag(s):

Lundahl v. Halabi

Citation:
Lundahl v. Halabi, et al., Nos. 14-8000 & 14-8002 (10th Cir. Dec. 3, 2014)
Ruling:
The Tenth Circuit affirmed the rulings of the U.S. District Court (Wyoming) imposing sanctions and filing restrictions against plaintiff and criminal contempt against defendant, who appeared to be...
Judge(s):
McHugh, McKay, O'Brien
Tag(s):

GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp)

Citation:
GE Capital Commercial, Inc. v. Sylva Corp (In re Sylva Corp), No. 14-61016 (BAP 8th Cir. Nov. 26, 2014)
Ruling:
The BAP for the 8th Circuit reversed and remanded to the bankruptcy court (D. Minn.) after the bankruptcy court denied an equipment lessor's motion for administrative expense claim. The BAP ruled...
Judge(s):
Federman, Saladino, Shodeen
Tag(s):

Bavelis v. Doukas (In re Bavelis)

Citation:
Docket No. 14-3067; File name 14a0284p.06
Ruling:
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to...
Judge(s):
Batchelder, Gilman and Gibbons; opinion by Gilman
Tag(s):

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