In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 5 months ago
Citation:
James v. Guidry (In re Guidry), BAP No. CC-14-1531-TaKuKi, 2015 WL 8483726 (B.A.P. 9th Cir. Dec. 9, 2015)
Ruling:
Reversing the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the Bankruptcy Court (1) erred in finding that a bankruptcy petition preparer violated section 110(b)...
Jackson v. U.S. (In re Jackson), Case No. EC-15-1072-DJuF (9th Cir. BAP Dec. 4, 2015) (published)]
Ruling:
Affirmed. The Ninth Circuit BAP held an amended proof of claim filed by the IRS was not untimely under Sections 502(b)(9) or 1308 of the Bankruptcy Code, or Bankruptcy Rule 3002(c)(1), because it...
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1012-FKiKu (Not For Publication)
Ruling:
The Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's order holding that Samuel Farah's ("Appellee") debt owed by Kamal Zeeb ("Appellant") was nondischargeable. The pre-petition...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
Citation:
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling:
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") applied the two-part test to determine whether the bankruptcy court abused its discretion: first, determine de novo whether the [bankruptcy]...
Judge(s):
JURY, KLEIN (sitting by designation) and PAPPAS, Bankruptcy Judges
Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (BAP 10th Cir. October 23, 2015). Unpublished.
Ruling:
Actual fraud must be found to deny discharge under section 727(a)(2) and to deny a discharge under section 727(a)(4), the court must be convinced that the debtor knowingly and fraudulently made a...
