BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...
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
A creditor or debt collector who violates the bankruptcy discharge, the Fair Debt Collection Practices Act ("FDCPA"), and the Telephone Consumer Protection Act ("TCPA") was not entitled to have its...
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Robert J. Faris
BAP for 9th Circuit affirmed bankruptcy court (CD Cal.) denial of defendant's motion to strike plaintiff's notice of dismissal of adversary. Debtor failed to demonstrate any error by bankruptcy...
A chapter 7 debtor retains her Washington state homestead exemption even if she moves out of the house after the filing of the bankruptcy case and does not re-occupy or file a declaration of...
Judge(s):
M. Margaret McKeown and Richard A. Paez, Circuit Judges, and William Horsley Orrick (N.D. Cal.; by designation)
The facts were sufficient to show that the debtor willfully and maliciously harmed his former employer, supporting the bankruptcy court's determination that a judgment debt was nondischargeable...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Central District of California (BC) that claim and issue preclusion barred...
Judge(s):
Laura S. Taylor; Scott H. Gan; and Christopher M. Klein
Sustaining the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s summary judgment grant, the U.S. Court of Appeals for the Sixth Circuit (Circuit) held malpractice claims...
Judge(s):
Richard F. Suhrheinrich; Bernice B. Donald; and Eric E. Murphy
