The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
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...
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...
BAP for 9th Cir. reversed declaratory judgment of bankruptcy court (SD Cal.) ordering inter vivos trustee to turnover to chapter 7 trustee a portion of all future distributions to debtor, including...
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
The U.S. Bankruptcy Appellate Panel (BAP) affirmed the denial of an order denying the contempt motion filed by chapter 13 debtor Jerome Perryman (DR) against his ex-wife, Karen Dal Poggetto (PG),...
Judge(s):
Julia W. Brand; Robert J. Faris; and Gary A. Spraker
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
Disposing of an appeal filed by a chapter 13 debtor named "Eric Dutra" (DR), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Mary Jo Heston
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...
Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
