No. 09-15668 / D.C. No. 2:08-cv-01896-FCD (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
1. The bankruptcy court did not abuse its discretion by awarding chapter 7 trustee costs because Fed. R. Bankr. P. 7054(b) allows the awarding of costs to the prevailing party in an adversary...
Reversed the district court and held that the exception to discharge under 11 U.S.C. § 523(a)(19) applies only to debtors who have themselves violated the securities laws, and not to persons who...
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges;
Lyle E. Strom, Senior District Judge for the U.S. District Court for Omaha, Nebraska (sitting by designation);
Opinion by Circuit Judge, Jay S. Bybee
Plaintiffs failed to state a cause of action for wrongful foreclosure when alleging that use of MERS as the named beneficiary caused a split between the deed of trust and note.
Judge(s):
Richard C. Tallman; Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 8 months ago
Citation:
Case No. 09-56679 (9th Cir. August 1, 2011)
Ruling:
The Court reversed the district court’s order granting Defendant U.S. Bank, N.A.'s ("U.S. Bank") motion to dismiss Plaintiff Jose Aguayo's ("Aguayo") complaint under California's Rees-Levering...
Judge(s):
Hon. Harry Pregerson, Hon. Kim McLane Wardlaw, Hon. Jack Zouhary
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 8 months ago
Citation:
---F.3d--- (9th Cir. 2011); Case No. 10-15755 (July 25, 2011)
Ruling:
The Court of Appeals for the Ninth Circuit ("Ninth Circuit") affirmed the decision of the District Court and upheld a ruling by the Bankruptcy Court that had ordered the disallowance of a...
Judge(s):
The Honorable Diarmuid F. O'Scannlain; The Honorable Ferdinand F. Fernandez; The Honorable Jay S. Bybee.
Prime Healthcare Services LLC's appeal of Brotman medical Center's confirmaion order is equitably moot because the confirmed plan was already substantially consummated.
The Ninth Circuit Court of Appeals (the “Circuit Court”) affirmed, on other grounds, the Ninth Circuit Bankruptcy Appellate Panel’s ruling that a tax debt owed by Brenda Marie Jones (the...
