The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 4 months ago
Citation:
In Re Chionis, 9th Cir. B.A.P., CC-12-1501-KuBaPa (Dec 27, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel UPHELD part of the bankruptcy court finding that Creditor Appellee (Starkus) violated the bankruptcy discharge and the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 4 months ago
Citation:
In Re Brown, 9th Cir. B.A.P. WW-13-1170-TaKUD, (December 13, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion to a companion appeal (BAP No. 12-1534) by the debtor, the 9th Circuit Bankruptcy Appellate Panel, affirmed the ruling by the bankruptcy court, when it held that it lacked...
Summarized by Samuel Mushell , Americans United for Government Reform
12 years 4 months ago
Citation:
In re Andrea Levausser, No. 13-1869
Ruling:
The First Circuit ruled in favor of the Creditor that its claim is exempted from discharge due to debtor's false representations and malicious and willful injury.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 4 months ago
Citation:
WW-12-1534
Ruling:
The Ninth Circuit B.A.P. affirmed the Bankruptcy Court's grant of summary judgment dismissing the complaint of the Debtor and the Trustee against Bank of America, its servicer and agent, and MERS....
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 5 months ago
Citation:
In Re Bryan, 10th Cir. Court of Appeals, (No. 12-1485) December 5, 2013
Ruling:
In a decision in which the court affirmed in part, reversed in part and remanded for the lower courts consideration, the court held that Mr. Clark’s judgment lien recorded in 2004 attached to the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 5 months ago
Citation:
In Re Behrens, 8th Cir. B.A.P. (13-6032), November 26, 2013
Ruling:
The 8th Cir. Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the secured creditor relief from the automatic stay to complete its foreclosure proceedings.
In re Bowers, No. 13-8014 (B.A.P. 6th Cir. Nov. 22, 2013)
Ruling:
The decision of the district court was affirmed. Pursuant to Ohio Rev. Code Ann. § 5721.37(A)(3), the certificate rate of interest, not the interest rate provided in Ohio Rev. Code Ann. §...
The 6th Circuit ruled that Plaintiff Tyler's claim was based on a pre-petition violation and thus, property of the bankruptcy estate, which he failed to disclose at any time; affirming the...
Judge(s):
BOGGS and SILER, Circuit Judges; and DOWD, District Judge (Judge Dowd (ND OH), sitting by designation.)
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
