BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
Ruling:
The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying...
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Keeley v. Grider, Case No. 14-5228 (6th Cir. Nov. 3, 2014) (unpublished).
Ruling:
Plaintiff obtained a default judgment against debtor, but the judgment was entered by the clerk of the bankruptcy court and was not declared "non-dischargeable." The bankruptcy court denied...
Judge(s):
Cook, White, and Michelson (District Judge sitting by designation)
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it...
Brock v. Glasser (In re Brock), Nos. 14-1040 & 14-1057 (10th Cir. Oct. 16, 2014)
Ruling:
The 10th Circuit reversed the BAP for the 10th Circuit after the BAP affirmed the bankruptcy court. The Tenth Circuit ruled that based on Colorado law, and the Restatement (Second) of Trusts,...
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
11 years 8 months ago
Citation:
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling:
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was...
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...
Judge(s):
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling:
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...
Judge(s):
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges
Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
