Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
Ruling:
The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
Robert H. Schuller et al. v. Karen Sue Naylor (Matter of Crystal Cathedral Ministries), No. 13-56039 (9th Cir. Aug. 4, 2014).
Ruling:
The claim of a former pastor of the debtor church was a claim for damages resulting from termination of an employment agreement and thus limited in amount by section 502(b)(7). (Not-for-publication...
Judge(s):
Harry Pregerson, Stephen Reinhardt (dissenting), and Jacqueline H. Nguyen, Circuit Judges.
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 10 months ago
Citation:
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc....
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 10 months ago
Citation:
9th Cir., August 1, 2014 (No. 12-15186)
Ruling:
The Ninth Circuit amended its opinion dated July 18, 2014, at footnote 1, to state that it need not decide whether the bankruptcy court had the power to enter final judgment because the district...
Judge(s):
Stephen S. Trott, Sidney R. Thomas,and Mary H. Murguia, Circuit Judges
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 11 months ago
Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s):
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Filing of proofs of claim by debt collectors in respect of debts deemed unenforceable under state statutes of limitations violates Fair Debt Collection Practices Act. Under "least-sophisticated...
Judge(s):
HULL, Circuit Judge, WALTER, District Judge (W.D. La.), and GOLDBERG, U.S Court of International Trade Judge
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
