Now Updating
Sharon Rose v. Select Portfolio Servicing, et al

Summarizing by Steven Holmes

The Bascom Group, LLC v. Douglas Patrick (In re Commercial Services Building, Inc.)

Case Type:
Business
Case Status:
Affirmed
Citation:
CC-18-1279-STaL CC-18-1280-STaL CC-18-1281-STaL (related appeals); Bk. No.: 8:09-bk-20845-ES (9th Circuit, Jun 05,2019) Not Published
Tag(s):
Ruling:
Bankruptcy court's orders sustaining claim objection, denying creditor's reconsideration motion, and granting motion in limine affirmed.
Procedural context:
Appeal from the Bankruptcy Court for the Central District of California; reviewed de novo (with respect to bankruptcy court's legal conclusions on claim objections), under the clearly erroneous standard (with respect to bankruptcy court's factual findings on claim objections), and for abuse of discretion (with respect to bankruptcy court's ruling on reconsideration motion and evidentiary rulings)
Facts:
Debtor's creditors filed an involuntary chapter 7 petition, and an order for relief was entered after debtor did not timely oppose the petition. Creditor filed a proof of claim alleging a debt for money loaned or advanced. Debtor objected, arguing that no loan existed. Bankruptcy court disallowed creditor's claim because creditor failed to present evidence of a contract with debtor or evidence that the parties had agreed to loan terms. On appeal, creditor failed to address contract formation issue, which was the controlling part of the bankruptcy court's decision. Creditor also sought to produce additional evidence with a motion for reconsideration; however, creditor had not presented or produced this evidence during the claim objection proceeding.
Judge(s):
Spraker, Taylor, Lafferty

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