In re: ROBERTO C. HERNANDEZ

• Summarized by Michael Myers , Ballard Spahr LLP
• 4 months 2 weeks ago

Citation:

CC-22-1122-GLS (9th Circuit, Nov 03,2022) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Bankruptcy Appellate Panel (BAP) upheld the bankruptcy court's decision overruling the debtor's objection to the claim of the debtor's brother based on both a factual finding that...

Judge(s):

GAN, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Small Business
• 11 USC 502

In re: MONTE L. MASINGALE (Deceased) and ROSANA D. MASINGALE

• Summarized by Amir Shachmurove , Reed Smith LLP
• 4 months 3 weeks ago

Citation:

EW-22-1016-FLB (9th Circuit, Nov 02,2022) Published

Case Status:

Reversed and Remanded

Ruling:

Publishing to explain the effect of a “100% of FMV” exemption claim and to reiterate that parties must timely object to any improper exemption claim despite its frivolity, the U.S. Bankruptcy...

Judge(s):

Robert J. Faris; William J. Lafferty; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Real Estate
• Fed. R. Bankr. P. 4003(b)(1); Fed. R. Bankr. P. 1019(2)(B)(i); Fed. R. Bankr. P. 9011
• 11 U.S.C. § 348(a); 11 U.S.C. § 363(m); 11 U.S.C. § 522(d); 11 U.S.C. § 522(l); 11 U.S.C. § 727(a)(4)(B)

In re: MARILYN THERESA PAVENTY

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 3 weeks ago

Citation:

BAP No. EC-21-1159-SLB (9th Circuit, Oct 28,2022) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court did not abuse its discretion in denying a chapter 13 debtor's motion to reconsider an order denying her contempt motion....

Judge(s):

Brand, Lafferty, and Spraker (dissenting)

Tag(s):

• 9th Circuit
• Plan Confirmation
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Mortgage
• Fed. R. Civ. P. 9023
• 11 USC § 524
• 11 USC § 1322
• 11 U.S.C. § 1327
• 11 U.S.C. § 1328

In re: JASON PHILIP POWELL

• Summarized by Hans Riefkohl , Riefkohl LLC
• 5 months 4 days ago

Citation:

NV-22-1014-FLB (9th Circuit, Oct 21,2022) Published

Case Status:

Affirmed

Ruling:

The BAP for the 9th Circuit affirmed the bankruptcy court (Bankr. D. Nev.) which granted the Debtor’s motion for voluntary dismissal pursuant to 11 U.S.C. § 1307(b). The BAP held that a Chapter...

Judge(s):

FARIS, LAFFERTY, and BRAND, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• § 1307

In re: CESAR MONTIEL PEREZ

• Summarized by Amir Shachmurove , Reed Smith LLP
• 5 months 4 days ago

Citation:

SC-21-1173 (9th Circuit, Oct 18,2022) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgment of the U.S. Bankruptcy Court for the Southern District of California (BC) that imposed $2,990 in fines and...

Judge(s):

William J. Lafferty III; Julia W. Brand; and Robert J. Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Court Administration
• Ethics
• Financial Advisors
• Fraud
• Practice and Procedure
• Professional Compensation/Fees
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 7056
• 11 U.S.C § 110

In re: LETICIA MIRANDA-GARCIA

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 5 months 5 days ago

Citation:

AZ-22-1053-LBF (9th Circuit, Oct 17,2022) Not Published

Case Status:

Affirmed

Ruling:

The decision has no precedential value and is not recommended for publication. The B.A.P. for the Ninth Circuit ruled that the bankruptcy court for the District of Arizona did not abuse its...

Judge(s):

Lafferty, Brand, and Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability

Stephen Stanley v. FCA US, LLC

• Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
• 5 months 1 week ago

Citation:

21-4238; (6th Circuit, October 18, 2022) (6th Circuit, Oct 18,2022) Published

Case Status:

Affirmed

Ruling:

Sixth Circuit affirmed U.S. District Court for the Northern District of Ohio grant of summary judgment in favor of Chapter 13 debtor’s former employer in civil lawsuit alleging violation of the...

Judge(s):

McKeague (opinion author), Thapar and Readler

Tag(s):

• 6th Circuit
• Bankruptcy Process and Procedure
• Claims
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 1325

In re: David W. Carman

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 5 months 2 weeks ago

Citation:

21-8022; 22b0005n.06 (6th Circuit, Oct 12,2022) Not Published

Case Status:

Affirmed

Ruling:

An unambiguous loan modification agreement, signed by the husband and wife that jointly own the real estate, may modify a mortgage signed by the husband as owner of the real estate and the wife...

Judge(s):

Bauknight, Croom and Stout (opinion author)

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy
• Mortgage

In re: CATHERINE TRINH

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 6 months 3 days ago

Citation:

BAP No. CC-21-1255-TLS (9th Circuit, Sep 22,2022) Not Published

Case Status:

Dismissed

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit (1) upheld a bankruptcy court's determination that it had jurisdiction to approve a trustee's motion to sell real property in accordance with...

Judge(s):

TAYLOR, LAFFERTY, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Family/Divorce Issues
• Real Estate

In re: Chandra Berry

• Summarized by Hans Riefkohl , Riefkohl LLC
• 6 months 2 weeks ago

Citation:

21-8005/8007 (6th Circuit, Sep 09,2022) Not Published

Case Status:

Affirmed

Ruling:

The BAP for the 6th Circuit affirmed the bankruptcy court (W.D. Tenn.) which granted in part and denied in part the Debtor’s motion for contempt. The BAP ruled that the bankruptcy court did not...

Judge(s):

BAUKNIGHT, GUSTAFSON, and MASHBURN

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Mortgage
• Rule 8009
• 11 U.S.C. § 524

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