In the ruling, determined not to be appropriate for publication, by the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court's nondischargeability judgment...
Judge(s):
Honorable KURTZ, PERRIS and TAYLOR, Bankruptcy Judges.
JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.; Southwest Value Partners Fund XV, LLP; SWVP LA Paloma LLC; SWVP Hilton Head, LLC (In re Transwest Resort Properties, Inc.), -- F.3d. -- (9th CA September 15, 2015)
Ruling:
The Ninth Circuit Court of Appeal ("Panel") withdrew its Opinion and Dissent filed on July 1, 2015, appearing at 791 F.3d 114. Even though the Chapter 11 plan had been implemented, a lender's...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling:
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
The Ninth Circuit dismissed for lack of jurisdiction (lack of finality) an appeal and a cross-appeal from a district court’s order affirming in part and remanding in part for further factual...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.
9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1316-KiTaPa (August 26, 2015) - Not for Publication
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's order and judgment excepting certain debts of the Debtor. To establish an exception from discharge the plaintiff...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 7 months ago
Citation:
Fifth Circuit; No.14-10999
Ruling:
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
10 years 7 months ago
Citation:
Chavez v. Dole Food Co., Case No. 13-4144 (3d Cir. Aug. 11, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit ruled that: (a) concurrent jurisdiction exists for purposes of the first-filed rule if “on the date of the filing of the second-filed...
Judge(s):
Judge Julio M. Fuentes (dissenting), Judge Joseph A. Greenaway, Jr., and Judge Richard Lowell Nygaard
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
10 years 7 months ago
Citation:
No. 14-30857; Fifth Circuit
Ruling:
The Fifth Circuit ruled that there is a limited exception to the "nonreviewability" provisions of remand orders under 28 USC Sections 1334(c)(1) and 1452(b), where the removed case involves a...
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1338-DKiBr (August 4, 2015) - Not for Publication
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's ruling. The bankruptcy court correctly determined that Wells Fargo, N.A. had standing and at least a colorable claim to foreclose on...
Judge(s):
Honorable DUNN, KIRSCHER and BRANDT,3 Bankruptcy Judges.
