In re Wallace, BAP No. NV-13-1518-JuHlPa (9th Cir. B.A.P. Oct. 28, 2014).
Ruling:
Chapter 7 debtors are not entitled to an award of attorney fees incurred in defending on appeal the bankruptcy court’s order finding a creditor in contempt for violating the discharge injunction....
Judge(s):
Meredith A. Jury, Mark D. Houle, and Jim D. Pappas, Bankruptcy Judges. (Judge Houle, Bankruptcy Judge for the Central District of California, was sitting by designation.)
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 8 months ago
Citation:
BAP No. NV-14-1109
Ruling:
9th Circuit BAP affirmed the decision of the bankruptcy court dismissing the complaint of intervening plaintiff Bustos after the complaint of the original plaintiff was dismissed by the court. The...
Carson v. U.S. Bank, N.A. (In re Carlson), No. 14-6024 (BAP 8th Cir. October 17, 2014)
Ruling:
The 8th Circuit BAP affirmed the rulings of the U.S. Bankruptcy Court for the District of Minnesota denying debtors' motion for violation of automatic stay, violation of homestead exemption,...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
11 years 8 months ago
Citation:
Chan v. DRM Enterprises, LLC (In re Chan), BAP No. CC-13-1607-TaSpD, 2014 WL 5033196 (B.A.P. 9th Cir. Oct. 8, 2014)
Ruling:
Affirming the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that a debt arising from the advances that the creditor made to the debtor's corporation was...
Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)
Ruling:
Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for...
Court of Appeals Holding:
Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally,...
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
