Bankruptcy Appellate Panel of the Sixth Circuit affirmed the decision of the Bankruptcy Court for the Northern District of Ohio which held that real property transferred in error by the Debtor to...
Judge(s):
BAP- Harriosn, Emerson & LLoyd
Bankruptcy Court: Jessica Price Smith
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
11 years 11 months ago
Citation:
Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)
Ruling:
The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the...
Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 1 week ago
Citation:
BAP NO. PR 13-011
Ruling:
The Bankruptcy Appellate Panel ("B.A.P.") reversed the Bankruptcy Court's grant of summary judgment in favor of the Trustee. The court determined that section 542 could not be used to compel a...
Summarized by Fred Ringel , Leech Tishman Robinson Brog PLLC
12 years 2 weeks ago
Citation:
In re Ruitenberg, Case No. 13-2175 (3d Cir. March 13, 2014)
Ruling:
Deciding when an interest in the equitable distribution of marital assets in a divorce proceeding becomes a claim against the bankruptcy estate begins with the Bankruptcy Code's definition of a...
Judge(s):
Ambro, Smith and Sandra Day O'Connor (Retired Supreme Court Associates Justice sitting by designation)
Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 4 weeks ago
Citation:
Falcone v. Ragonese (In re Ragonese) BAP NO. MW 13-036
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that $100,000 of the Falcones' claim against Mr. Ragonese (the "Debtor") was excepted from discharge under 11 U.S.C....
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 1 month ago
Citation:
BAP No. NV-13-1034-TaJuKi, February 18, 2014
Ruling:
The BAP held that a debtor was entitled to its full reasonable attorneys fees of $8,456.30 under § 523(d) for defending a § 523(a)(2) nondischargeability action on a consumer debt, and reversed...
In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 1 month ago
Citation:
DeNoce v. Neff, et. al. (In re Neff), B.A.P. No. CC-13-1041 (9th Cir. B.A.P., February 4, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the order of the Bankruptcy Court granting the Debtor partial summary judgment and holding that the one-year "lookback period" of...
Roque v. Yniguez (In re Yniguez), BAP No. EC-13-1048-KiPaJu (B.A.P. 9th Cir., Jan. 31, 2014)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("9th Cir. BAP"), in an opinion labeled "not for publication," affirmed orders of the United States Bankruptcy Court for the...
