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In re- BRADLEY EDWARD KOEBERER and NANCY LOUISE KOEBERER

Citation:
21-1078 (9th Circuit, Nov 18,2021) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
Tag(s):

New Falls v. LaHaye, et al

Citation:
19-30795 (5th Circuit, Nov 12,2021) Published
Case Status:
Affirmed
Ruling:
Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...
Judge(s):
Elrod, Southwick, and Costa
Tag(s):

In re- TODD E. MACALUSO

Citation:
BAP No. SC-19-1065-SFL (9th Circuit, Nov 09,2021) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment ruling in favor of plaintiff on plaintiff's non-dischargeability claims under sections 523(a)(2)(A) and...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

In re: MICHEAL DAVID SOTO AND KALONI RAE WILLIAMS-SCOW

Citation:
BAP No. MT-20-1192-TBC (9th Circuit, Oct 29,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Mon.) dismissing imprisoned creditor's 523(a)(6) suit against chapter 7 debtor due to creditor's failure to pay filing fee. There are no...
Judge(s):
Taylor, Brand, Gan
Tag(s):

In re- GUINEVERE MARIE MALLEY

Citation:
21-1020 (9th Circuit, Oct 21,2021) Not Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
Tag(s):

In re ANDREW LINTON

Citation:
20-1175 (9th Circuit, Oct 06,2021) Published
Case Status:
Affirmed
Ruling:
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Tag(s):

In re PIETRO CIMINO

Citation:
BAP No. NV-21-1057-TLG (9th Circuit, Oct 06,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion...
Judge(s):
Taylor, Lafferty, Gan
Tag(s):

In re GREGORY LEE CUTULI

Citation:
20-14515 (11th Circuit, Sep 23,2021) Published
Case Status:
Affirmed
Ruling:
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
Judge(s):
JILL PRYOR, LUCK, and MARCUS, Circuit Judges
Tag(s):

In re CALEB NEIRA RIVERA

Citation:
20-9003 (1st Circuit, Sep 17,2021) Published
Case Status:
Dismissed
Ruling:
The Chapter 7 debtor had no standing to appeal a bankruptcy court order overruling his objection to a secured creditor's proof of claim for deficiency following foreclosure. In order to have...
Judge(s):
Thompson, Dyk, Barron
Tag(s):

Mandel v. White Nile Software, et al

Citation:
20-40026, 20-40340 (5th Circuit, Aug 17,2021) Not Published
Case Status:
Affirmed
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that the Debtor should be denied a discharge generally under 11 USC 727(a)(3) and (4), and denied a discharge as to particular debts owed to a...
Judge(s):
Jones, Southwick, Engelhardt (Per Curiam)
Tag(s):

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