The court ruled against executor of creditor Malis' estate on the 523(a)(2) claim because the facts showed that Debtor Mbunda did intend to pay back the debt, and to admit evidence that Malis...
Heritage Pacific Financial, LLC v. Machuca (In re Machuca), -- B.R. -- (B.A.P. 9th Cir. Dec. 14, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the decision of the Bankruptcy Court awarding the debtor Raul Machuca, Jr. ("Machuca") attorneys' fees under 11 U.S.C. § 523(d)....
Judge(s):
The Honorable Bruce A. Markel, the Honorable Eileen W. Hollowell, and the Honorable Jim D. Pappas, Bankruptcy Judges.
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
AFFIRMING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that a state court judgment against the debtors for failure to pay rent was nondischargeable. The panel was...
Judge(s):
Hon. Wayne Johnson (by designation, Bankr. C.D. Cal.)
Hon. Meredith Jury
Hon. Ralph Kirscher
Summarized by Amy Quackenboss , American Bankruptcy Institute
13 years 4 months ago
Citation:
Case No. 11-35162 (9th Cir. December 4, 2012)
Ruling:
Ninth Circuit held that a bankruptcy judge lacks constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate, but that the...
Whinery v. U.S. Trustee (In re Lodgebuilder, Inc.), No. 11-15873 (9th Cir. Nov. 21, 2012)
Ruling:
(Not for publication). The Ninth Circuit affirmed the district court's affirmation of the bankruptcy court's decision that the debt of pro se defendants-appellants William Aubrey and Brenda Todd...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 4 months ago
Citation:
Carey v. Charlie Y. Inc (In re Carey). B.R. - (9th Cir. Nov 21, 2012)
Ruling:
(Not for Publication) The Ninth Circuit held the Bankruptcy Appellate Panel ("BAP") decision was not sufficiently final, therefore, the Ninth Circuit dismissed the appeal for lack of jurisdiction....
The BAP affirmed the bankruptcy court order sustaining an objection to Debtor's claim of a spousal support exemption pursuant to California Code of Civil Procedure § 704.130 (b)(10)(D). On de...
In short, In re Scholz stands for the proposition that annuity income received by a former railroad employee under the Railroad Retirement Act ("RRA") "must be included when calculating [a...
Judge(s):
Bankruptcy Judge Lee presided over the bankruptcy proceedings. The Bankruptcy Court opinion is found at 427 B.R. 864. Judges Markell, Zive, and Jury presided over the BAP appeal. The BAP opinion, authored by Judge Markell, is found at 447 B.R. 887. Ninth Circuit Judges Callahan and Watford, along with District Court Judge Singleton (sitting by designation) sat on the Ninth Circuit Panel. Judge Watford authored the Ninth Circuit's published opinion.
