Sui v. Marshack (In re Sui), BAP No. CC-13-1572-TaSpD (BAP 9th Cir. Nov. 10, 2014)
Ruling:
The 9th Circuit BAP vacated and remanded the bankruptcy court's order barring two parties from further filings unless they first obtained consent from the bankruptcy court. The BAP ruled that...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 months ago
Citation:
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed...
Two appeals were dismissed as equitably moot because, among other things, appellants did not seek stays of the appealed orders.
Judge(s):
J. Clifford Wallace and Jay S. Bybee, Circuit Judges, and Robert W. Gettleman, Senior District Judge for the Northern District of Illinois, sitting by designation
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling:
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied...
Judge(s):
Cook, White, and Michelson (District Judge sitting by designation)
BAP Nos. NV-13-1330-JuHlPa and NV-13-1338-JuHlPa (October 30, 2014; Not for Publication)
Ruling:
Bankruptcy courts have inherent authority to enter sanctions; however, the bankruptcy court must make a finding of bad faith or willful misconduct. The Ninth Circuit Bankruptcy Appellate Panel...
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling:
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 5 months ago
Citation:
In re Wallace, BAP No. NV-13-1518-JuHlPa (9th Cir. B.A.P. Oct. 28, 2014).
Ruling:
Chapter 7 debtors are not entitled to an award of attorney fees incurred in defending on appeal the bankruptcy court’s order finding a creditor in contempt for violating the discharge injunction....
Judge(s):
Meredith A. Jury, Mark D. Houle, and Jim D. Pappas, Bankruptcy Judges. (Judge Houle, Bankruptcy Judge for the Central District of California, was sitting by designation.)
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling:
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand;...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 5 months ago
Citation:
BAP No. NV-14-1109
Ruling:
9th Circuit BAP affirmed the decision of the bankruptcy court dismissing the complaint of intervening plaintiff Bustos after the complaint of the original plaintiff was dismissed by the court. The...
