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

  • Summarized by Lars Fuller , BakerHostetler
  • 18 hours 30 min ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 days 13 hours ago
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):

Gloria Penn v. Mary Viegelahn (In re Gloria Penn)

  • Summarized by Aaron Kaufman , Dykema Gossett PLLC
  • 22 hours 5 min ago
Citation:
18-51055 (5th Circuit, Oct 09,2019) Not Published
Case Status:
Reversed and Rendered
Ruling:
The Chapter 13 debtor's appeals were dismissed as MOOT because the bankruptcy court's orders denying confirmation of her chapter 13 plan and dismissing the petition were not final, appealable...
Judge(s):
Clement, Elrod, Duncan (per curiam)
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)

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 1 month 2 days ago
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)

  • Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
  • 1 month 1 week ago
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):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 1 month 1 week ago
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)

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 1 month 1 week ago
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):

Highland Greens Homeowners Association of Buena Park v. Maria A. Basave De Guillen (In re Guillen)

Citation:
BAP No. CC-18-1248-LSTa and BAP No. CC-18-1242-LSTa (9th Circuit, Aug 26,2019) Published
Case Status:
Affirmed
Ruling:
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR
Tag(s):

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