Oya v. Wells Fargo, N.A. (In re Oya)

Citation:
BAP No. SC-19-1095-BKuL (9th Circuit, Oct 18,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...
Judge(s):
Brand, Kurtz, Lafferty
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to reconsider relief from stay order. Debtor failed to raise claim preclusion issue in objecting...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Gloria Penn v. Mary Viegelahn (In re Gloria Penn)

Citation:
18-51055 (5th Circuit, Oct 09,2019) Not Published
Case Status:
Reversed and Rendered
Ruling:
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
Judge(s):
Clement, Elrod, Duncan (per curiam)
Tag(s):

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):

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