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In re Allana Baroni

Citation:
Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1278-LGT, CC-20-1279-LGT (9th Circuit, Jul 13,2021) Not Published
Case Status:
Affirmed
Ruling:
The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent. The BAP also held the bankruptcy...
Judge(s):
The Hons. Lafferty, Gan, and Taylor
Tag(s):

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

Citation:
20-8048 (10th Circuit, Jul 09,2021) Not Published
Case Status:
Affirmed
Ruling:
In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...
Judge(s):
MATHESON, BACHARACH, and CARSON
Tag(s):

In re Anibal Mesala Silva

Citation:
BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...
Judge(s):
Gan, Taylor, Lafferty
Tag(s):

In re Carol Lee Depuydt-Meier

Citation:
21-1001 & 21-1002 (9th Circuit, Jun 28,2021) Not Published
Case Status:
Affirmed
Ruling:
Echoing a similar ruling in a separate case, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed orders (1) overruling the objection by Carol Lee DePuydt-Meier (DR) to a proof...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
Tag(s):

Bank of New York Mellon v. 732 Hardy Way Trust

Citation:
19-17048 (9th Circuit, Jun 25,2021) Published
Case Status:
Reversed and Remanded
Ruling:
A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
Judge(s):
Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
Tag(s):

In re Kimberly Dawn Franklin

Citation:
19-1149 (9th Circuit, Jun 24,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
Judge(s):
Gary A. Spraker; Scott H. Gan; and Julia W. Brand
Tag(s):

Loughran v. Wells Fargo Bank, N.A.

Citation:
19-3530 (7th Circuit, Jun 22,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...
Judge(s):
Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook
Tag(s):

In re Martin Musonge

Citation:
20-1184 (9th Circuit, Jun 01,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
Judge(s):
Scott H. Gan; Gary A. Spraker; and Julia W. Brand
Tag(s):

In re Donald Henderson Scott

Citation:
No. 20-6024 (8th Circuit, Apr 16,2021) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Circuit affirmed ruling of bankruptcy court (WD Missouri - KC) denying debtors' motions for (1) sanctions against attorney for creditor; (2) to alter or amend the order denying the...
Judge(s):
Nail, Schermer, Saladino
Tag(s):

In re Borsotti

Citation:
19-1193 (9th Circuit, Mar 23,2021) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the orders granting relief from the automatic stay and dismissing his case issued by the U.S. Bankruptcy Court for the...
Judge(s):
Robert J. Faris; Gary A. Spraker; and Scott H. Gan
Tag(s):

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