Affirming the bankruptcy court, the BAP held that golf course green fees and driving range fees was not part of the lender's cash collateral as it was not rents, proceeds, or profits of the...
Under Arizona state law, a debtor is permitted to exempt the cash surrender value of life insurance policies and an annuity contract even if the beneficiary is not a dependent of the debtor.
Judge(s):
Alex Kozinski, Chief Judge, M. Margaret McKeown and N. Randy Smith, Circuit Judges
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 8 months ago
Citation:
BAP No. MT-11-1366-JuMkH (August 6, 2012)
Ruling:
The BAP held that 541(b)(7)(A) excludes from property of the estate only those 401(k) contributions made before the petition date, and that Chapter 13 debtors' voluntary postpetition retirement...
Ratliff v. Cochise Agric. Prop., LLC (In re Ratliff), _ F.3d. _ (9th Cir. 2012) (unpublished)
Ruling:
The United States Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the decision of Bankruptcy Appellate Panel. Specifically, the Court affirmed the BAP’s...
Judge(s):
Honorable Judge M. Margaret McKeown, Honorable Judge Richard Clifton, and Honorable Judge Jay S. Bybee
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 8 months ago
Citation:
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava), No. ID-11-1389-MkHJu, --- B.R. --- (B.A.P. 9th Cir. July 25, 2012)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit BAP held that under 11 U.S.C. § 330(a)(7), absent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12 and 13 trustee fees...
Beal Bank USA v. Windmill Durango Office, LLC, US Trustee, DP Air Corp., BAP No. NV-11-1728-DKiPa, NV-11-1737-DKiPa (Related appeals) (B.A.P. 9th Cir. July 6, 2012)
Ruling:
The bankruptcy court did not abuse its discretion by denying a secured creditor's Rule 3018(a) motion. That motion sought to amend a favorable plan confirmation vote cast by the assignor of the...
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration,...
Judge(s):
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
In AFFIRMING a bankruptcy court's decision dismissing the debtor's filing of a second chapter 11 case, the Bankruptcy Appellate Panel for the Ninth Circuit held that the debtor failed to show an...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
In REVERSING in part and AFFIRMING in part, a bankruptcy court's decision denying fees, the Bankruptcy Appellate Panel for the Ninth Circuit held that a debtor is entitled to attorney's fees as...
Judge(s):
Bankruptcy Appellate Panel Judges PAPPAS, DUNN and KRISCHER.
