Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Tag(s):

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
Tag(s):

Bank of America, N.A. v Horizon Ridge Medical & Corporate Center, LLC (In re Horizon Ridge Medical & Corporate Center, LLC)

Citation:
BAP No. NV-14-1532-DJuKi (BAP 9th Cir. Feb. 23, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Judge(s):
Dunn, Jury, Kirscher
Tag(s):

Zachary, et al. v. California Bank & Trust

Citation:
Ninth Circuit Court of Appeals - No. 13-16402
Ruling:
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Judge(s):
Hurwitz, Paez, Murguia
Tag(s):

Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
Judge(s):
Guy, Moore and Kethledge; opinion by Kethledge
Tag(s):

O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation:
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling:
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s):
Colloton, Gruender, and Shepherd.
Tag(s):

Adinolfi v. Meyer (In re Adinolfi)

Citation:
9th Cir. BAP No. EC-15-1091-JuFD (published Feb. 19, 2016)
Ruling:
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Judge(s):
FARIS, DUNN, and JURY, Bankruptcy Judges
Tag(s):

In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
Tag(s):

Carswell v. Rojas, et al. (In re Carswell)

Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling:
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13...
Judge(s):
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
Tag(s):

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