BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
