BAP No. NV-11-1742-DKiPa (B.A.P. 9th Cir. June 25, 2012)
Ruling:
AFFIRMING the Bankruptcy Court, the Ninth Circuit Bankruptcy Appellate Panel held that the chapter 7 trustee had standing to appear with respect to Debtors' motion to reopen their chapter 7 case...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 9 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
No. 11-60042 BAP No. 10-1334 (9th Cir. June 21, 2012)
Ruling:
Termination of the automatic stay under Section 362(h) applies to all the debtor's personal property securing a creditor's claim, rather than just the personal property scheduled as securing that...
The Ninth Circuit held that a debt validation notice only violates 15 U.S.C. 1692g(a)(3) of the Fair Debt Collection Practices Action (FDCPA), or its state equivalent, the Rosentahal Fair Debt...
Judge(s):
J. Clifford Wallace, Consuelo M. Callahan, and Carlos T. Bea, Circuit Judges. Opinion by Judge Callahan
Wilcox v. Parker (In re Parker), BAP No. NC-11-1566-JuKiJo (9th Cir. BAP May 29, 2012)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit AFFIRMED the bankruptcy court's denial of a motion for summary judgement on judicial estoppel grounds. Before the bankruptcy court, the...
Judge(s):
Hon. Meridith Jury, Hon. Ralph Kirscher, and Hon. Wayne Johnson (Bankruptcy Judge for Central District of California, sitting by designation)
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
13 years 11 months ago
Citation:
BAP No. CC-11-1144-KiMkH (9th Cir. May 10, 2012)
Ruling:
Vacated and remanded the bankruptcy court's order granting a Stay Relief Order under § 362(d)(2) and granting relief under § 362(d)(4). Finding the bankruptcy court abused its discretion by...
Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling:
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 11 months ago
Citation:
Meyer v. Renteria (In re Renteria), -- B.R.-- (9th Cir.B.A.P. May 4, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held that a Chapter 13 plan does not "unfairly discriminate" between classes of creditors within the meaning of Bankruptcy Code Section...
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals affirmed the decision of the Bankruptcy Court, sustaining the Chapter 7 Trustee’s objection to the Debtor’s exemption of...
Judge(s):
Honorable Eileen W. Hollowell, Honorable Ralph B. Kirscher, and Honorable Meredith A. Jury
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
13 years 11 months ago
Citation:
Cedano v. Aurora Loan Services, LLC, Case No. SV 10-18618, Adv. No. SV 10-01534, BAP No. CC-11-1189 (April 9, 2012)
Ruling:
BAP affirmed the Bankruptcy Court ruling dismissing adversary action pursuant to FRCP 12(b)(6) because the Debtor failed to state claims upon which relief could be granted.
