Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C....
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication. The BAP affirmed the bankruptcy court's...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 7 months ago
Citation:
15a0662n.06; Docket No. 15-5159
Ruling:
Affirming the district court ruling below, the Sixth Circuit Court of Appeals held a prior landlord's letter to the debtor's attorney and mother threatening criminal prosecution did not fall within...
Amerson, et al. v. King, et al. (In re Amerson), Case No. CO-14-045 (B.A.P. 10th Cir. September 2, 2015). Unpublished.
Ruling:
Postponed enjoyment of and contingencies affecting property interests do not prevent such interests from becoming property of a bankruptcy estate and a settlement agreement does not have to be the...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 8 months ago
Citation:
Arenas v. U.S. Trustee (In re Arenas), Case No. CO-14-046 (10th Cir. B.A.P. Aug. 21, 2015)
Ruling:
A debtor engaged in the marijuana business legally under state law, but in violation of federal law, cannot obtain relief in the federal bankruptcy court. Engaging in federal criminal conduct...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In re Lopez, No. CC-14-1450-TaKuPe (9th Cir. B.A.P. Sep. 3, 2015).
Ruling:
Debtor’s receipt of workers’ compensation disability benefits did not by itself establish her disability entitling her to a California enhanced homestead exemption. Unpublished memorandum.
Judge(s):
Laura S. Taylor and Frank L. Kurtz, Bankruptcy Judges, and Elizabeth L. Perris, United States Bankruptcy Judge for the District of Oregon, sitting by designation.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 8 months ago
Citation:
Wickam v. Ivar (In re Werner), BAP No. CC–14–1314–TaKuD, 2015 WL 5048151 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Concluding that the bankruptcy court failed to make sufficient or complete findings with respect to the creditors/plaintiffs’ claims arising from failed real estate investments and each element...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 8 months ago
Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
