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Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Summarizing by Bradley Pearce

In re Joseph and Judith Wilczak

Summarizing by Lars Fuller

Asphalt Professionals, Inc. v. Darin Davis (In re Darin Davis)

Citation:
BAP No. CC-19-1116-TaLS; Bk. No. 1:10-bk-17214-VK (9th Circuit, Nov 05,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision sustaining chapter 7 trustee's objection to two proofs of claim affirmed.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

In re Telexfree, Inc.

Citation:
18-2001 (1st Circuit, Oct 29,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals rejected the PIEC's challenge to the bankruptcy court's conclusion that their attempt to assert unjust enrichment claims is an attempt to exercise "control" over the Avoidance...
Judge(s):
Lynch, Selya and Barron
Tag(s):

In re Joy Denby Peterson

Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

Oya v. Wells Fargo, N.A. (In re Oya)

Citation:
BAP No. SC-19-1095-BKuL (9th Circuit, Oct 18,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...
Judge(s):
Brand, Kurtz, Lafferty
Tag(s):

Educational Financial Service v. Stephanie Henry (In re Henry)

Citation:
18-20809 (5th Circuit, Oct 17,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy Courts have discretion to refuse to compel arbitration of discharge disputes. The Fifth Circuit followed its prior rulings in In re National Gypsum and In re Gandy and found: (1)...
Judge(s):
King, Higginson and Duncan
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to reconsider relief from stay order. Debtor failed to raise claim preclusion issue in objecting...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Richardson v. PRDO Retail Investors, LP; A&C Properties, Inc. (In re Richardson)

Citation:
BAP No. SC-18-1273-LBKu (9th Circuit, Oct 04,2019) Not Published
Case Status:
Affirmed
Ruling:
1) In order to be awarded damages against a party for violating the automatic stay, the debtor bears the burden of showing by a preponderance of the evidence that the alleged offender willfully...
Judge(s):
LAFFERTY, BRAND, and KURTZ
Tag(s):

Colby Irish v. Karine Ghadyan (In re Abulyan and Ghadyan)

Citation:
BAP No. NV-18=1219-KuLB (9th Circuit, Sep 27,2019) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision that the debtors' failure to timely pay a discounted settlement amount, thus leaving a $25 late fee unpaid after a...
Judge(s):
Kurtz, Lafferty, Brand
Tag(s):

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