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In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

  • Summarized by David Hercher , U.S. Bankruptcy Court
  • 10 years 6 months ago
Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
Tag(s):

Gonzalez v. Kitay, et al. (In re Kitay)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 6 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1200-FDJu (December 10, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") deemed not appropriate for publication, the BAP held that the bankruptcy court did not err in granting Daniel E. Gonzalez's ("Appellant")...
Judge(s):
Honorable Faris, Dunn, and Jury, Bankruptcy Judges.
Tag(s):

Batali v. Mira Owners Association (In re Batali)

  • Summarized by David Hercher , U.S. Bankruptcy Court
  • 10 years 6 months ago
Citation:
In re Batali, No. WW-14-1557-KiFJu (9th Cir. B.A.P. Dec. 7, 2015).
Ruling:
A chapter 13 discharge will not discharge postpetition dues owed to a Washington-state condominium association. Not-for-publication memorandum.
Judge(s):
Ralph B. Kirscher, Meredith A. Jury, and Robert J. Faris, Bankruptcy Judges.
Tag(s):

Dampier, Jr. v. Credit Investment, Inc., et al (in re Dampier)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 7 months ago
Citation:
Dampier, Jr. v. Credit Investments, Inc., et al. (In re Dampier, Jr.) Case No. CO-15-006 (BAP 10th Cir. November 5, 2015). Unpublished.
Ruling:
Bankruptcy court has exclusive jurisdiction to determine the dischargeability of a state court judgment but the bankruptcy court and state court have concurrent jurisdiction to determine the...
Judge(s):
Thurman, Jacobvitz, Hall (Thurman)
Tag(s):

Zeeb v. Farah (In re Zeeb)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 7 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1012-FKiKu (Not For Publication)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...
Judge(s):
FARIS, KIRSCHER, and KURTZ, Bankruptcy Judges.
Tag(s):

Hutchings v. Bondcorp Reality Services, Inc. (In re Hutchings)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 7 months ago
Citation:
9th Cir. BAP No. CC-14-1421-PeTaKu (Oct. 28, 2015)
Ruling:
The BAP upheld a judgment declaring a debt nondischargeable under § 523(a)(2)(A), but remanded to reduce the amount of the judgment from $821,647 to $302,000.
Judge(s):
Perris, Taylor, Kurtz, bankruptcy judges.
Tag(s):

Gepner v. Kidd (In re Kidd)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 7 months ago
Citation:
Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (10th Cir. B.A.P. October 23, 2015)(Unpublished)
Ruling:
The bankruptcy court's finding that the appellant failed to prove all necessary elements of actual fraud or actual fraudulent intent under sections 727(a)(2) and (4) was supported by the record and...
Judge(s):
Thurman, Jacobvitz, Hall
Tag(s):

Gepner v. Kidd (In re Kidd)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 7 months ago
Citation:
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...
Judge(s):
Thurman, Jacobvitz, Hall (Jacobvitz)
Tag(s):

Jester v. Wells Fargo Bank N.A. (In re Jester)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 7 months ago
Citation:
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...
Judge(s):
Thurman, Jacobvitz, Hall (Hall)
Tag(s):

Ng-A-Qui v. College Assist (In re Ng-A-Qui)

Citation:
Ninth Circuit BAP No. WW-14-1551-FJuKi
Ruling:
Applying the three-part Brunner test, Appellant failed to meet her burden to demonstrate undue hardship while attempting to discharge her student loan debt pursuant to 11 USC § 523 (a)(8). Under...
Judge(s):
FARIS, JURY and KIRSCHER, Bankruptcy Judges
Tag(s):

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