The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
Judge(s):
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 2 months ago
Citation:
--F.3d-- (9th Cir. 2012); case no. 10-56128
Ruling:
The Ninth Circuit Court of Appeals affirmed the holding of the U.S. District Court and reversed the Bankruptcy Court, finding that there is no "whole enterprise exception" to the application of the...
Judge(s):
The Honorable Dorothy W. Nelson, the Honorable Ronald M. Gould, and the Honorable Sandra S. Ikuta, Circuit Judges.
Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
Judge(s):
Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 2 months ago
Citation:
BAP No. CC-07-1436-MoDK (9th Cir. December 8, 2011) (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
Affirming the Bankruptcy Court’s decision, the Ninth Circuit held that the Debtor was not denied due process when the Bankruptcy Court failed to provide him with counsel to be paid from the...
This Court’s de novo review affirms the lower court’s decision in finding that the debt in question resulted from a willful and malicious injury and therefore was not subject to discharge under...
District Court's ruling is affirmed. County of Los Angeles did not improperly fail, and is not legally obligated, to accept a tax payment proffered by Bank of America at the bankruptcy court. ...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 3 months ago
Citation:
In re Ebell Media, Inc., No. 10-55654 (9th Cir. Dec. 19, 2011)
Ruling:
In this not-for-publication memorandum, the Ninth Circuit affirmed a bankruptcy court’s grant of stay relief—based on the corporate debtor having commenced its chapter 7 case in bad faith—to...
Judge(s):
W. Fletcher and Rawlinson, Circuit Judges, and Singleton, Senior District Judge, District of Alaska, sitting by designation
Ninth Circuit: Bankr. Case No. No. 10-60036; BAP No. 09-1343 (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
BAP’s affirmance of the Bankruptcy Court’s summary judgment dismissal on the merits affirmed. BAP's affirmance of the Bankruptcy Court’s denial of sanctions and contempt affirmed.
No. 10-55227 / D.C. No. 8:09-cv-00952-TJH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s approval of the trustee’s sale of real property free and clear of all liens and interests...
Judge(s):
LEAVY, WARDLAW, Circuit Judges, and MAHAN, District Judge
