Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
The U.S. Bankruptcy Appellate Panel (BAP) affirmed the denial of an order denying the contempt motion filed by chapter 13 debtor Jerome Perryman (DR) against his ex-wife, Karen Dal Poggetto (PG),...
Judge(s):
Julia W. Brand; Robert J. Faris; and Gary A. Spraker
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Disposing of an appeal filed by a chapter 13 debtor named "Eric Dutra" (DR), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Mary Jo Heston
"[n]o particular words are necessary as long as they amount to an admission that [the grantor] has voluntarily and freely executed the instrument." McOuatt, 69 N.E.2d at 810; see also In re...
Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
The Chapter 7 debtor had no standing to appeal a bankruptcy court order overruling his objection to a secured creditor's proof of claim for deficiency following foreclosure. In order to have...
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
