Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 5 months ago
Citation:
Leafty v. Aussie Sonoran Capital, LLC (In re Leafty), Case No. AZ-11-1491-JuBrD (B.A.P. 9th Cir. Oct. 10, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) held that the bankruptcy court did not abuse its discretion when the court dismissed the debtor's second case because she was...
Judge(s):
Hon. Meredith A. Jury; Julia W. Brand and Randall L. Dunn (U.S. Bankruptcy Appellate Panel, Ninth Circuit, J. Brand, Bankruptcy Judge for the Central District of California, sitting by designation). Appeal from a ruling by Hon. Redfield T. Baum (Bankruptcy Court Judge for the District of Arizona)
State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
Ruling:
Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 6 months ago
Citation:
Bates v. MERS, No. 11-15894 (9th Circuit, September 17, 2012).
Ruling:
Plaintiff alleged that defendant lenders made false representations under the California False Claims Act ("CFCA") in naming MERS as a beneficiary in recorded mortgage documents in order to avoid...
Judge(s):
Mary M. Schroeder and Consuelo M. Callahan, Circuit Judges, and Edward R. Korman, District Judge.
Case No. 11-15060 (9th Cir. September 13, 2012) (Unpublished)
Ruling:
The Ninth Circuit Court of Appeals held that an intervenor can proceed after dismissal of the original party if 1) there is an independent basis for jurisdiction, and 2) unnecessary delay would...
Summarized by Eryk Escobar , Department of Justice
13 years 6 months ago
Citation:
2012 Bankr. LEXIS 4303
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP"), affirmed the Bankruptcy Court ("Court") for the District of Hawaii. Specifically, the BAP upheld the partial discharge of the debtor's student...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
13 years 7 months ago
Citation:
2012 WL 3890063 (9th Cir. BAP 2012).
Ruling:
Affirming the bankruptcy court, the Ninth Circuit BAP held that when ruling on a motion to dismiss for abuse under § 707(b)(3)(B), the court did not abuse its discretion when it disallowed the...
Judge(s):
Hon. Jim D. Pappas; Meredith A. Jury; and Eileen W. Hollowell (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Robert J. Faris and Hon. Lloyd King (Bankruptcy Court Judges for the District of Hawaii)
Summarized by Eryk Escobar , Department of Justice
13 years 7 months ago
Citation:
2012 U.S. App. LEXIS 18545 (9th Cir. 2012)
Ruling:
The Court of Appeals for the Ninth Circuit (the "Court of Appeals") affirmed in part the District Court's ruling. The Court of Appeals held that First Franklin Loan Services ("Franklin") was not...
Judge(s):
Sidney R. Thomas, M. Margaret McKeown, and William A. Fletcher, Circuit Judges. Opinion by Judge McKeown.
In the majority opinion of the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir."), the Court, affirming the bankruptcy court order and judgment, held that the...
Judge(s):
HOLLOWELL, PAPPAS and DUNN, Bankruptcy Judges. PAPPAS, Bankruptcy Judge, Dissenting.
In reversing the bankruptcy court and remanding the decision to apply the Ninth Circuit's decision in Maney v. Kagenveama (In re Kagenveama), 541 F.3d 868, 872 (9th Cir. 2008), the Ninth Circuit...
Judge(s):
Hons. Harry Pregerson, Susan P. Graber (Circuit Judges) and Edward Chen (District Court Judge sitting by designation).
Appeal from a ruling by Hon. Meredith Jury (Bankruptcy Court Judge for the Central District of California).
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 7 months ago
Citation:
In the Matter of: PALOMBA WEINGARTEN, Case No. 2:10-cv-05648-ABC (9th Cir. Aug 17, 2012)(Not for Publication and/or Precedent except as provided by 9th Cir. R. 36-3)
Ruling:
AFFIRMING the District Court, the 9th Circuit denied appellant the right to intervene in a bankruptcy case. The 9th Circuit held that an entity with a future revocable interest in a Qualified...
Judge(s):
SILVERMAN and WARDLAW (Circuit Judges) and FOGEL (District Judge).
