The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...
Judge(s):
Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges
The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent.
The BAP also held the bankruptcy...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...
The Bankruptcy Appellate Panel of the Ninth Circuit found no error in the decision of the Bankruptcy Court for the Southern District of California (BC) to deny a discharge to Sean P. Nevett (SPN)...
Echoing a similar ruling in a separate case, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed orders (1) overruling the objection by Carol Lee DePuydt-Meier (DR) to a proof...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
A homeowners' association foreclosure sale that violates the automatic stay (11 U.S.C. § 362(a)) is void under Nevada law, and the holder of a deed of trust that was extinguished by the HOA's...
Judge(s):
Johnnie B. Rawlinson, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....
In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Laura S. Taylor; Robert J. Faris; and William J. Lafferty III
Under Hitt v. Glass (In re Glass), 164 B.R. 759, 765 (9th Cir. BAP 1994), aff’d, 60 F.3d 565 (9th Cir. 1995), a trustee may defeat a debtor's exemption on property released from a lien or...
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...
