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Bennett v Garner

Summarizing by Shane Ramsey

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):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

Khoja v. Orexigen Therapeutics, Inc.

Citation:
No. 16-56069 (9th Circuit, Aug 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit affirmed in part and reversed in part order of district court granting motion to dismiss for failure to state a claim under the Securities Exchange Act of 1934. District court erred...
Judge(s):
Tashima, Berzon, and Payne
Tag(s):

de Jong v. JLE-04 Parker, L.L.C.

Citation:
AZ-17-1280-FSBa and AZ-17-1292-FSBa (9th Circuit, Aug 03,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
Judge(s):
FARIS, SPRAKER, and BASON (sitting by designation)
Tag(s):

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