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Wicklund v. Robert D. Johnson Trust (In re Wicklund)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 12 months ago
Citation:
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order...
Judge(s):
Kirscher, Faris, and Jury
Tag(s):

Lane v. Barney (In re Lane)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 12 months ago
Citation:
Lane v. Barney (In re Lane), Case No. WY-15-023 (BAP 10th Cir. March 7, 2016). Published.
Ruling:
Monetary sanctions are appropriate in chapter 7 case where Debtor interferes with estate administration and appears that he has the ability to pay such sanctions. The sanctions will be paid from...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

Diaz v. Kosmala

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 9 years 12 months ago
Citation:
no citation as of yet
Ruling:
The BAP ruled that CCP 704.710(c) has been amended in 1983 to remove the work "actually" before "resided" in order to avoid the possible construction that a temporary absence such as...
Judge(s):
Hon. Judges Scott Gan (sitting by designation), Randall Dunn, and Ralph Kirscher
Tag(s):

In re Yonish

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 10 years 1 week ago
Citation:
In re Yonish, Case No. 15-8006, (6th Cir. BAP March 3, 2016) (unpublished)
Ruling:
Limiting the precedential effect to the parties, the Sixth Circuit Bankruptcy Appellate Panel (BAP) reversed the decision below denying the Debtors' motion to reopen their case in order to avoid...
Judge(s):
Delk, Harrison and Lloyd; opinion by Harrison
Tag(s):

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 2 weeks ago
Citation:
In re Chagolla, No. 15-1142-JuKuW (9th Cir. B.A.P. Feb. 9, 2016).
Ruling:
A debtor may avoid an unsecured junior lien even after plan confirmation, discharge, and case closure, absent unfair prejudice to the secured creditor. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation.
Tag(s):

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
Tag(s):

Caldwell v. Nelson (In re Caldwell)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 2 weeks ago
Citation:
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
Judge(s):
Bankruptcy Judges JURY, KIRSCHER, and DUNN
Tag(s):

Clabaugh v. Grant (In re Grant)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 1 month ago
Citation:
Clabaugh v. Grant (In re Grant), Case No. 15-035 (BAP 10th Cir. February 4, 2016). Unpublished.
Ruling:
Even when an underlying debt is nondischargeable, neither the Bankruptcy Code in general, nor § 522(f) in particular, restricts or limits the debtor’s right to avoid a judicial lien emanating...
Judge(s):
Karlin, Cornish, Michael (Karlin)
Tag(s):

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