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Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Rebein v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 2 months ago
Citation:
15-3190 (10th Circuit, Dec 06,2016) Published
Case Status:
Affirmed
Ruling:

Since fraudulent transfer statutes are for the protection of unsecured creditors, courts measure the value received in terms of the effect on those creditors and value encompasses more than just...

Judge(s):
Hartz, Bacharach, McHugh (Hartz)
Tag(s):

The Golden 1 Credit Union v. Hopper (In re Ahrens)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 3 months ago
Citation:
The Golden 1 Credit Union v. Hopper (In re Ahrens), Case No. EC-16-1065-JuKuMa/EC-16-1117-JuKuMa (consolidated) (9th Cir. B.A.P. Oct, 27, 2016) (unpublished)
Ruling:
Bankruptcy court orders (1) sustaining chapter 7 trustee's objection to creditor's proof of claim, (2) disallowing unsecured portion of creditor's proof of claim, (3) awarding attorney's fees and...
Judge(s):
Jury, Kurtz, Martin
Tag(s):

In the Matter of Sunnyslope Housing Limited Partnership

Citation:
Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
Ruling:
For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the...
Judge(s):
Kozinski, Paez and Clifton
Tag(s):

Continental Casualty Company v. Symons, et al.

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 9 years 11 months ago
Citation:
14-2665, 14-2671 & 15-1061
Ruling:
7th Circuit affirmed the finding of the District Court that Symons International was liable for breach of a 1998 sale agreement; found Symons International Goran, Granite, and the Symons...
Judge(s):
Before ROVNER and SYKES, Circuit Judges, and ANDREA WOOD, District Judge (ND IL - by designation)
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):

The Zuercher Trust of 1999 v. Schoenmann (The Zuercher Trust of 1999)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 5 days ago
Citation:
9th Circuit BAP Case Nos. NC-14-1440-KuWJu and NC-14-1515-KuWJu (Not for Publication)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the sale of real property. In regards to the issue of The Zuercher Trust of 1999 ("Trust") and...
Judge(s):
Bankruptcy Judges KURTZ, WANSLEE, and JURY
Tag(s):

Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 5 months ago
Citation:
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Judge(s):
Jury, Klein, Pappas
Tag(s):

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 7 months ago
Citation:
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC...
Judge(s):
Thurman, Michael, Romero
Tag(s):

Liggett v. Schwartz (In re Schwartz)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 10 years 7 months ago
Citation:
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling:
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment...
Judge(s):
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
Tag(s):

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