U.S. Department of Agriculture v. J. Michael Hopper (In re Colusa Regional Medical Center)

Citation:
BAP No. EC-18-1266-TaBS (9th Circuit, Sep 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Hackler & Stelzle-Hackler v. Arianna Holdings Company, LLC (In re Hackler & Stelzle-Hacker)

Citation:
18-1650 (3rd Circuit, Sep 12,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
Judge(s):
McKee, Porter and Roth
Tag(s):

Ronald J. Smith v. U.S. Bank National Association (In re Smith)

Citation:
19-8021 (6th Circuit, Dec 10,2019) Not Published
Case Status:
Dismissed
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel dismissed the appeal ruling (i) orders vacating the dismissal of a chapter 13 bankruptcy case and reinstating the case, and denying the Debtor’s...
Judge(s):
BUCHANAN, OPPERMAN, and WISE
Tag(s):

Dana French v. Linn Energy, L.L.C., et al

Citation:
18-40369 (5th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
Claimant asserted claims for, among other things, "deemed dividends". The Court held that the deemed dividends gave the Claimant benefits normally reserved for equity investors, and, as a result,...
Judge(s):
Clement, Haynes and Willett
Tag(s):

Brown v. Quantum3 Group LLC; MOMA Funding LLC, (In re Brown)

Citation:
BAP No. SC-18-1121-SFL (9th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Judge(s):
Spraker, Faris, Lafferty
Tag(s):

Highland Greens Homeowners Association of Buena Park v. Maria A. Basave De Guillen (In re Guillen)

Citation:
BAP No. CC-18-1248-LSTa and BAP No. CC-18-1242-LSTa (9th Circuit, Aug 26,2019) Published
Case Status:
Affirmed
Ruling:
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR
Tag(s):

Juarez v. Todeschi and Ponce (In re Juarez)

Citation:
AZ-19-1028-FLB (9th Circuit, Aug 21,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...
Judge(s):
Faris, Lafferty, Brand
Tag(s):

Mangaoang v. Newport Beach Holdings (In re Mangaoang)

Citation:
BAP No. NC-18-1309-BSTa (9th Circuit, Aug 13,2019) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
Judge(s):
Brand, Spraker, Taylor
Tag(s):

Kamal Zeeb v. Samuel Farah (In re Zeeb)

Citation:
BAP No. CC-19-1019-SKuTa (9th Circuit, Aug 09,2019) Not Published
Case Status:
Affirmed
Ruling:
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Trent Allen Bateman v. GemCap Lending I, LLC (In re Bateman)

Citation:
BAP Nos. HI-18-1302-TaSKu (9th Circuit, Aug 07,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

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