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Margaret Kinney v. HSBC Bank USA

Summarizing by Lars Fuller

Eliminator Custom Boats, Inc. v. Rosenstein & Hitzeman, AAPLC (In re Eliminator Custom Boats)

Citation:
CC-19-1003-KuFL (9th Circuit, Sep 23,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
Judge(s):
KURTZ, FARIS, and LAFFERTY
Tag(s):

U.S. Department of Agriculture v. J. Michael Hopper (In re Colusa Regional Medical Center)

Citation:
BAP No. EC-18-1266-TaBS (9th Circuit, Sep 10,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Gajiu v. Ehrenberg (In re Goldshtadt)

Citation:
No. CC-18-1333-LSTa (9th Circuit, Sep 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Properties owned by wife and debtor were property of the estate. Despite being held by the couple as joint tenants, the properties were presumed to be community property.
Judge(s):
Lafferty, Spraker, Taylor
Tag(s):

Brown v. Quantum3 Group LLC; MOMA Funding LLC, (In re Brown)

Citation:
BAP No. SC-18-1121-SFL (9th Circuit, Sep 03,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (SD Cal.) overruling debtors' claim objection. Statute of limitations was continuously tolled by applicable state law during pendency of...
Judge(s):
Spraker, Faris, Lafferty
Tag(s):

Highland Greens Homeowners Association of Buena Park v. Maria A. Basave De Guillen (In re Guillen)

Citation:
BAP No. CC-18-1248-LSTa and BAP No. CC-18-1242-LSTa (9th Circuit, Aug 26,2019) Published
Case Status:
Affirmed
Ruling:
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Juarez v. Todeschi and Ponce (In re Juarez)

Citation:
AZ-19-1028-FLB (9th Circuit, Aug 21,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...
Judge(s):
Faris, Lafferty, Brand
Tag(s):

Mangaoang v. Newport Beach Holdings (In re Mangaoang)

Citation:
BAP No. NC-18-1309-BSTa (9th Circuit, Aug 13,2019) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
Judge(s):
Brand, Spraker, Taylor
Tag(s):

Kamal Zeeb v. Samuel Farah (In re Zeeb)

Citation:
BAP No. CC-19-1019-SKuTa (9th Circuit, Aug 09,2019) Not Published
Case Status:
Affirmed
Ruling:
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Trent Allen Bateman v. GemCap Lending I, LLC (In re Bateman)

Citation:
BAP Nos. HI-18-1302-TaSKu (9th Circuit, Aug 07,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

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