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Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 2 months ago
Citation:
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling:
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Judge(s):
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Gray v. Warfield (In re Gray)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 2 months ago
Citation:
Gray v. Warfield (In re Gray), BAP No. AZ-13-1502-JuKiD (BAP 9th Cir. 2014)
Ruling:
The 9th Cir. BAP, applying Law v. Siegel, 134 S. Ct. 1188 (2014), ruled that the bankruptcy court has no discretion to deny a debtor's claimed exemptions based on a finding that debtors amended...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

Sullivan v. Harnisch (In re Sullivan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 2 months ago
Citation:
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the...
Judge(s):
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Tag(s):

Goldman v. Gerard (In re Gerard)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 2 months ago
Citation:
Goldman v. Gerard (In re Gerard), BAP No. CC-14-1028 (BAP 9th Cir. Dec. 08, 2014)
Ruling:
In the unpublished decisions, the Ninth Circuity Bankruptcy Appellate Panel dismissed Creditor Diane Goldman ("Goldman") appeal of an order granting Debtor to reopen an adversary proceeding and...
Judge(s):
Kirscher, Taylor, Dunn
Tag(s):

Miller v. Reaves (in re Miller)

Citation:
Miller v. Reaves (in re Miller), BAP No. AZ-13-1307-JuKiD (B.A.P. 9th Cir. Dec. 5, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order granting the chapter 7 trustee's motion seeking to revoke the section 554(c) technical abandonment of...
Judge(s):
JURY, KIRSCHER, and DUNN
Tag(s):

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 2 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Judge(s):
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Tag(s):

Witkowski v. Boyajian

  • Summarized by Guy Moss ,
  • 11 years 3 months ago
Citation:
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling:
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure...
Judge(s):
Tester, Godoy and Harwood
Tag(s):

Lundahl v. Halabi

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 3 months ago
Citation:
Lundahl v. Halabi, et al., Nos. 14-8000 & 14-8002 (10th Cir. Dec. 3, 2014)
Ruling:
The Tenth Circuit affirmed the rulings of the U.S. District Court (Wyoming) imposing sanctions and filing restrictions against plaintiff and criminal contempt against defendant, who appeared to be...
Judge(s):
McHugh, McKay, O'Brien
Tag(s):

Rivera v. Deutsche Bank (In re Rivera)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 11 years 3 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
Judge(s):
Kurtz, Pappas & Jury
Tag(s):

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