BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk
Ruling:
Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the...
Judge(s):
Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling:
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
Bankers' Bank of Kansas, NA v. Bluejay Properties, LLC (In re Bluejay Properties, LLC), Bankr. No. 12-22680 (10th Circ. Mar. 12, 2014)(unpublished)(Michael, Jacobvitz, and Marker, Judges).
Ruling:
Appellate Panel of 10th Circuit holds that secured creditor is "adequately protected" under Section 363(e) when the value of property securing creditor's claim exceeds the creditor's claim by a...
Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)
Ruling:
State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal...
In the unpublished decisions, the Ninth Circuit BAP agreed with the Bankruptcy Court. The BAP ruled that Debtor's subjective motive for transferring Alliance's assets meets Section 523(a)(6)...
Judge(s):
Honorable Kurtz, Ballinger (sitting by designation), and Pappas
The Ninth Circuit BAP reversed the Bankruptcy Court’s ruling in the Western District of Washington. The BAP held that the Bankruptcy Court erred as a matter of law in determined that Washington...
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
