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Hill v. Jankowski (In re Dey)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 3 weeks ago
Citation:
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling:
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...
Judge(s):
Thurman, Cornish, Jacobvitz
Tag(s):

Ludvigsen v. Osborne

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 11 years 1 month ago
Citation:
Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
Ruling:
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to...
Judge(s):
Deasy, Kornreich, and Finkle
Tag(s):

Eickerman v. La Jolla Group, II

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 1 month ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
Tag(s):

Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 2 months ago
Citation:
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling:
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in...
Judge(s):
Vincent Zurzolo
Tag(s):

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 3 months ago
Citation:
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling:
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Judge(s):
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Rivera v. Deutsche Bank (In re Rivera)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 11 years 3 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
Judge(s):
Kurtz, Pappas & Jury
Tag(s):

Jalonowski v. Jean (In re Jean)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 3 months ago
Citation:
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and...
Judge(s):
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Tag(s):

Ellis v. Yu (In re Ellis)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 3 months ago
Citation:
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling:
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction...
Judge(s):
BAP Panel: Pappas, Jury, and Kurtz.
Tag(s):

Aspen Skiing Co. v. Cherrett (In re Cherrett)

Citation:
Aspen Skiing Co. v. Cherrett (In re Cherrett), BAP No. CC-14-1056-DKiTa (B.A.P. 9th Cir. Nov. 7, 2014)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit determined that (1) the order denying the section 707(b) motion to dismiss was a final order that could be...
Judge(s):
DUNN, KIRSCHER, and TAYLOR
Tag(s):

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