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ROSELLE v BERGER & MONTAGUE, P.C.

Summarizing by Bradley Pearce

THE BANK OF NEW YORK MELLON v. LANE

Citation:
NC-16-1405-BSTa (9th Circuit, Sep 19,2018) Published
Case Status:
Reversed
Ruling:
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
Judge(s):
BRAND, SPRAKER and TAYLOR, Bankruptcy Judges
Tag(s):

AMERICAN AIRLINES, INC. v. MAWHINNEY

Citation:
16-56643 (9th Circuit, Sep 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Judge(s):
Berzon, Smith, Castel
Tag(s):

RUBIN v. UNITED STATES OF AMERICA

Citation:
No. 16-56633 (9th Circuit, Sep 24,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Circuit affirmed in part, reversed in part, and remanded district court (CD Cal.) judgment in favor of the US (IRS) in suit for tax refund by taxpayer based on return filed by bankruptcy...
Judge(s):
Clifton, Callahan, Hoyt
Tag(s):

PRICE v. SPOKANE ROCK I, LLC

Citation:
16-35753 (9th Circuit, Sep 14,2018) Published
Case Status:
Affirmed
Ruling:
Chapter 11 cases for individuals may create discharge problems in a liquidating chapter 11. In this appeal, the individual chapter 11 debtors did not continue in their pre-petition businesses, and...
Judge(s):
Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge (EDNY), by designation
Tag(s):

Ress Financial Corp. v. Beaumont 1600, LLC

Citation:
BAP No. CC-17-1357-LLsTA & CC-17-1387-LLsTa (9th Circuit, Sep 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Judge(s):
Lafferty, Taylor, Lastreto
Tag(s):

Delannoy v Woodlawn Colonial, L.P.

Citation:
BAP No. CC-17-1334-SKuL (9th Circuit, Aug 31,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 trustee's sale of debtor's state court appeal rights to appellee. Bankruptcy court did not abuse discretion in...
Judge(s):
Spraker, Kurtz, Lafferty
Tag(s):

Hunsaker v. U.S.A.

Citation:
16-35991 (9th Circuit, Aug 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Ninth Circuit reversing district court, which had reserved the bankruptcy court award of damages to the Debtors for violation of the automatic stay by the IRS. Sovereign immunity does not bar an...
Judge(s):
McKeown, Paez, and Bashant
Tag(s):

Daily v. Garrett

Citation:
EC-16-1265-HKuB (9th Circuit, Aug 24,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding Plaintiffs did not prove a claim under § 523(a)(2)(A) when they failed to provide evidence supporting...
Judge(s):
Hursh, Kurtz, Brand
Tag(s):

Bouzaglou v. Haworth

Citation:
CC-17-1253-SKuF (9th Circuit, Aug 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding debt non dischargeable under § 523(a)(2)(A) and (a)(4). Bankruptcy court did not err when it granted...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

Sino Clean Energy, Inc. v. Seiden

Citation:
No. 17-15316 (9th Circuit, Aug 27,2018) Published
Case Status:
Affirmed
Ruling:
Former members of the board of directors of a Nevada corporation, who had been removed by the receiver for the corporation, did not have standing under Nevada law to file a bankruptcy petition on...
Judge(s):
Graber, Tallman, and Ivan L.R. Lemelle (Senior District Judge, E.D. La., sitting by designation)
Tag(s):

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