Docket No. 2:09-cv-00427-RCJ-RJJ (9th Cir. June 30, 2011)
Ruling:
Reversed and remanded; the district court did not have the authority to lift the Financial Institutions Reform and Recovery Enforcement Act's ("FIRREA") prohibition against a creditor improving its...
Judge(s):
O'Scannlain, Bybee, and Hayes (District Judge for S. Dist. Cal.).
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
14 years 9 months ago
Citation:
9th Circuit, June 27, 2011, Docket No. 09-60049
Ruling:
Debtor's tax liability as responsible person for his coporation's 1997 sales taxes was not discharged, and was assessable under California law after the 2001 commencement of the Debtor's case as...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 9 months ago
Citation:
J.J. Re-Bar Corp., Inc. v. United States of America (In re J.J. Re-Bar Corp., Inc.), No. 09-60054 (9th Cir. June 24, 2011)
Ruling:
A corporate chapter 11 debtor that has not paid federal employment trust-fund taxes may not invoke a confirmed plan’s discharge injunction to prevent the IRS from collecting trust-fund recovery...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 9 months ago
Citation:
--F.3d-- (9th Cir. 2011); case no. 10-60018 (June 20, 2011)
Ruling:
The Ninth Circuit Court of Appeals affirmed, without further opinion, the decision of the Ninth Circuit Bankruptcy Appellate Panel, upholding provisions in Chapter 13 plans that require mortgage...
Judge(s):
The Honorable Stephen S. Trott; The Honorable Pamela Ann Rymer; and the Honorable Stephen M. McNamee.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
14 years 10 months ago
Citation:
___ F.3d ___ (9th Cir. May 19, 2011) (Case No. 09-60035) (Unpublished; Not precedent except as provided by 9th Cir. R. 36).
Ruling:
The Ninth Circuit upheld the imposition of sanctions against an attorney, based on the bad faith removal of an action to bankruptcy court, as an appropriate exercise of the court’s inherent...
U.S. Court of Appeals for the Ninth Circuit, Case No. 09-60027, Memorandum, Dated May 2, 2011 (Not Reported)
Ruling:
Ninth Circuit ruled a complaint filed against a bankruptcy trustee for failure to secure assets for the estate pursuant to 11 U.S.C. Sec. 322(b) was untimely and barred by the three year statute of...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 12 months ago
Citation:
No. 08-56288 (9th Cir. Apr. 11, 2011)
Ruling:
An apartment property manager engaged before a tenant became in default for nonpayment of rent was not a “debt collector” under the federal Fair Debt Collection Practices Act. The act exempts...
