Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 4 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 months ago
Citation:
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and...
Clear error is not demonstrated by pointing to conflicting evidence in the record.
Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
11 years 4 months ago
Citation:
Skavysh v. Katsman (In re Katsman), No. 13-C-1881 (7th Cir. Sept. 23, 2014)
Ruling:
The Court of Appeals affirmed the District Court's holding, affirming that a Chapter 7 Debtor is not intitled to a discharge under Section 727(a)(4)(A), even in a "No-Asset" case, when she...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 months ago
Citation:
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling:
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 4 months ago
Citation:
______ Fed.Appx. ____
Ruling:
Bank did not willfully violate the automatic stay when it continued a replevin action against a assigned its assets to the debtor. Because the bank did not know, it did not act willfully and the...
BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 4 months ago
Citation:
In re Takowsky, No. CC-13-1376-TaSpD (9th Cir. B.A.P. Nov. 12, 2014).
Ruling:
The bankruptcy court could enter final judgment in a noncore, related action with the parties’ consent. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor, Randall L. Dunn, and Gary S. Spraker, Bankruptcy Judges. Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, sat by designation.
Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan), Nos. 14-6006 & 14-6007 (10th Cir. Nov. 13, 2014)
Ruling:
The 10th Circuit affirmed the U.S. District Court (W.D. Okla.) decision affirming the bankruptcy court's order limiting the scope of the interpleader relief granted in two interpleader actions....
