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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):

Hackler & Stelzle-Hackler v. Arianna Holdings Company, LLC (In re Hackler & Stelzle-Hacker)

Citation:
18-1650 (3rd Circuit, Sep 12,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
Judge(s):
McKee, Porter and Roth
Tag(s):

Gajiu v. Ehrenberg (In re Goldshtadt)

Citation:
No. CC-18-1333-LSTa (9th Circuit, Sep 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Properties owned by wife and debtor were property of the estate. Despite being held by the couple as joint tenants, the properties were presumed to be community property.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

Dana French v. Linn Energy, L.L.C., et al

Citation:
18-40369 (5th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
Claimant asserted claims for, among other things, "deemed dividends". The Court held that the deemed dividends gave the Claimant benefits normally reserved for equity investors, and, as a result,...
Judge(s):
Clement, Haynes and Willett
Tag(s):

Brown v. Quantum3 Group LLC; MOMA Funding LLC, (In re Brown)

Citation:
BAP No. SC-18-1121-SFL (9th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Judge(s):
Spraker, Faris, Lafferty
Tag(s):

Linda Lane v. Saran Dean; Kevin Dean (In re Lane)

Citation:
Adversary Proceedings Nos. 18-8038/8040; Bankruptcy Case No. 3:17-bk-32227; File Name: 19b0008p.06 (6th Circuit, Aug 30,2019) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals affirmed two rulings by the bankruptcy court which found creditors in contempt and issued sanctions against creditors for: (i)...
Judge(s):
Buchanan, Dales and Wise, Bankruptcy Appellate Judges
Tag(s):

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