Notwithstanding possible Stern v. Marshall implications, the Bankruptcy Appellate Panel of the Ninth Circuit held that a judgment against the debtor was excepted from discharge under Bankruptcy...
Summarized by T. Malpass , Law Offices of T. Edward Malpass
13 years 11 months ago
Citation:
Not available.
Ruling:
The Ninth Circuit reversed the decision of the Bankruptcy Court and the Bankruptcy Appellate Panel, resolving issues arising from a Chapter 7 Trustee’s action to recover property. On the first...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
13 years 11 months ago
Citation:
State of California Employment Development Dept. v. Hansen (In re Hansen), --B.R.-- (9th Cir. B.A.P. April 18, 2012)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel held that unemployment taxes assessed by the State of California's Employment Development Department do not constitute priority taxes under Bankruptcy...
A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...
Judge(s):
Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)
Warfield v. Salazar (In re Salazar) Case No. 08-11597 (9th Cir. B.A.P. Mar. 14, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Ninth Circuit (the “9th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the District of Arizona (the “Bankruptcy Court”)...
Mattson v. Howe (In re Mattson), Ch. 13 Case No. 10-50455, BAP No. WW-11-1478-JuHKi (9th Cir. BAP Apr. 5, 2012)
Ruling:
Subject to the good faith requirements of Section 1329, and the Court's discretion, a debtor may modify his or her plan to reduce the term below the applicable commitment period required for an...
In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter...
Judge(s):
Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury
No. 10-60028; 2012 WL1008654 (9th Cir. Mar. 27, 2012) (Not For Publication).
Ruling:
The Court of Appeal for the Ninth Circuit affirmed the decision of the Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit and upheld a ruling by the United States Bankruptcy Court for the...
Judge(s):
The Honorable Harry Pregerson, the Honorable Roland M. Gould, and the Honorable Richard C. Tallman, Circuit Judges.
Summarized by Eryk Escobar , Department of Justice
14 years 1 week ago
Citation:
2012 U.S. App. Lexis 6168, Case No. 10-56751 (9th Cir. 2012)
Ruling:
The District Court for the Southern District of California (the "District Court") correctly ruled that the educational loans held by the Department of Education were not dischargeable under 11...
The Ninth Circuit held that the lender's failure to publicly announce the postponement of a non-judicial foreclosure sale violated Hawaii’s non-judicial foreclosure statute and constituted a...
