de Jong v. JLE-04 Parker, L.L.C.

Citation:
AZ-17-1280-FSBa and AZ-17-1292-FSBa (9th Circuit, Aug 03,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
Judge(s):
FARIS, SPRAKER, and BASON (sitting by designation)
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

Citation:
BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Bray v. U.S. Bank National Assoc.

Citation:
CC-17-1373-SKuF (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not commit a reversible error when it annulled the automatic stay nunc pro tunc to validate a postpetition nonjudicial foreclosure sale of real property where the debtor was...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

Pendergraft v. Network of Neighbors, Inc.

Citation:
18-20045 (5th Circuit, Aug 08,2018) Published
Case Status:
Affirmed
Ruling:
The mental culpability to make a debt non-dischargeable under 11 U.S.C. § 523(a)(4) can be established with evidence that the debtor failed to comply with corporate formalities (at least when the...
Judge(s):
DAVIS, COSTA, and ENGELHARDT
Tag(s):

Peaje Investments LLC v. The Financial Oversight and Mgmt Board for Puerto Rico

Citation:
17-2165, 17-2166, 17-2167 (1st Circuit, Aug 08,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
Judge(s):
Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
Tag(s):

Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

Citation:
BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
Case Status:
Affirmed
Ruling:
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
Judge(s):
KURTZ, FARIS, and SPRAKER
Tag(s):

U.S. Department of Labor v. Harris

Citation:
17-1261 (8th Circuit, Aug 03,2018) Published
Case Status:
Affirmed
Ruling:
Eight Circuit affirmed the judgment of the bankruptcy court finding debt owed to the Department of Labor (DOL) was non-dischargeable under 11 U.S.C. Section 523(a)(4), which excepts from discharge...
Judge(s):
SMITH, MURPHY and COLLOTON
Tag(s):

Samuel v. JPMorgan Chase Bank, N.A.

Citation:
BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Lind v. Spacone

Citation:
BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

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