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In re: DAVID C. GOAD

Summarizing by Amir Shachmurove

In re- BRADLEY EDWARD KOEBERER and NANCY LOUISE KOEBERER

Citation:
21-1078 (9th Circuit, Nov 18,2021) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker;
Tag(s):

Irene Moden v. Ditech Financial, LLC

Citation:
BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
Judge(s):
SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges
Tag(s):

In re- LE CENTRE ON FOURTH, LLC,

Citation:
20-12785 (11th Circuit, Nov 15,2021) Published
Case Status:
Affirmed
Ruling:
In affirming the ruling of the district court, the Eleventh Circuit held that personal injury claimant and his wife received sufficient notice of non-debtor releases included in chapter 11 debtor's...
Judge(s):
Jordan, Jill Pryor, and Tjoflat
Tag(s):

In re: ROBERT DUANE RENS

Citation:
BAP No. SC-20-1131-LGH (9th Circuit, Oct 29,2021) Published
Case Status:
Reversed
Ruling:
BAP for 9th Cir. reversed declaratory judgment of bankruptcy court (SD Cal.) ordering inter vivos trustee to turnover to chapter 7 trustee a portion of all future distributions to debtor, including...
Judge(s):
Lafferty, Gan, Heston
Tag(s):

In re THOMAS E. REYNOLDS

Citation:
20-11652 (11th Circuit, Nov 01,2021) Published
Case Status:
Affirmed
Ruling:
11 U.S.C. § 363(m) made the individual debtors' appeal of a sale of property statutorily moot when the debtors failed to post a supersedeas bond and the sale was consummated. In dictum, the...
Judge(s):
JORDAN, BRASHER, and JULIE CARNES, Circuit Judges
Tag(s):

In re- CALDEL HOLDINGS, LLC

Citation:
BAP No. NC-21-1083-BFS (9th Circuit, Oct 27,2021) Not Published
Case Status:
Affirmed
Ruling:
When considering a motion to reopen a case, a bankruptcy court should ordinarily not address the merit of any disputes underlying the motion, but may decline to reopen where the undisputed facts...
Judge(s):
BRAND, FARIS, and SPRAKER
Tag(s):

In re: WESTWOOD PLAZA NORTH

Citation:
BAP No. CC-21-1046-GHL (9th Circuit, Oct 22,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
Judge(s):
GAN, HESTON,** and LAFFERTY, Bankruptcy Judges
Tag(s):

In re- GUINEVERE MARIE MALLEY

Citation:
21-1020 (9th Circuit, Oct 21,2021) Not Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
Tag(s):

In re Draft Bars

Citation:
21-1054 (9th Circuit, Oct 14,2021) Not Published
Case Status:
Affirmed
Ruling:
Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty
Tag(s):

In re JEROME E. PERRYMAN

Citation:
21-1036 (9th Circuit, Oct 08,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel (BAP) affirmed the denial of an order denying the contempt motion filed by chapter 13 debtor Jerome Perryman (DR) against his ex-wife, Karen Dal Poggetto (PG),...
Judge(s):
Julia W. Brand; Robert J. Faris; and Gary A. Spraker
Tag(s):

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