H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

Citation:
BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

JTF Rose, Inc. v. Esquerra

Citation:
BAP No. CC-17-1356-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case. Bankruptcy court incorrectly applied issue preclusion. Lack of...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

Citation:
BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
Case Status:
Affirmed
Ruling:
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
Judge(s):
KURTZ, FARIS, and SPRAKER
Tag(s):

Reid and Hellyer, APC v. Laski (In re Wrightwood Guest Ranch, LLC)

Citation:
16-56856 and 16-56869 (9th Circuit, Jul 25,2018) Published
Case Status:
Affirmed
Ruling:
A law firm representing a creditor or a party in interest in a bankruptcy case has to unequivocally state its own objection, not just its client's objection, to a proposed settlement in order to...
Judge(s):
Jay S. Bybee, Paul J. Watford, and John M. Rogers (United States Court of Appeals for the Sixth Circuit, sitting by designation)
Tag(s):

Bank v. Lehman Brothers Holdings Inc.

Citation:
17-2700-bk (2nd Circuit, Jul 18,2018) Not Published
Case Status:
Affirmed
Ruling:
Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
Judge(s):
Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

Lee v. Farrar (In re Gold Strike Heights Homeowners Assoc.)

Citation:
BAP No. EC-16-1169-KuBH & BAP No. EC-16-1283-KuBH (9th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (ED Cal.) entry of judgment on the pleadings in favor of defendant-trustee, and grant of motion for attorney's fees as prevailing party. Tenant had no...
Judge(s):
Kurtz, Brand, Hursh
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

Wilkins v. Menchaca

Citation:
CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...
Judge(s):
Kurtz, Lafferty, Spraker
Tag(s):

Fallon Family, L.P. v. Goodrich Petroleum Corp.

Citation:
No. 17-20278 (5th Circuit, Jun 27,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...
Judge(s):
Davis, Jones, Higginson
Tag(s):

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