Barker v. Eiler (In re Principia Equitas)

• Summarized by Lars Fuller , BakerHostetler
• 4 months 2 weeks ago

Citation:

BAP No. OR-18-1128-SKuF (9th Circuit, Mar 28,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...

Judge(s):

Spraker, Kurtz, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 502

Raybould v. Markel (In re Raybould)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 4 months 3 weeks ago

Citation:

Nos. OR-17-1326-SLB, OR-17-1327-SLB (9th Circuit, Mar 26,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy case was properly dismissed because debtor failed to obtain credit counseling, to timely make plan payments, and to file required tax returns.

Judge(s):

Spraker, Lafferty, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Consumer Debt
• Mortgage

Dekhtyar v. Chernyavsky (In re Dekhtyar)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 1 day ago

Citation:

BAP No. CC-18-1203-LSF (9th Circuit, Mar 19,2019) Not Published

Case Status:

Affirmed

Ruling:

A state court judgment for malicious prosecution was entitled to preclusive effect so that the debtor's state court malicious prosecution judgment was nondischargeable under 11 U.S.C. § 523(a)(6)....

Judge(s):

LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 523(a)(6)

Singh v, Singh (In re Singh)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 3 days ago

Citation:

BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published

Case Status:

Affirmed

Ruling:

For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...

Judge(s):

FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• §§ 727(a)(2)(A) and (a)(4)

Miller v. Gilliam & Rodriguez (In re Miller)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 5 months 1 week ago

Citation:

BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published

Case Status:

Reversed

Ruling:

Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...

Judge(s):

Spaker, Faris, and Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Rule 9011
• 11 USC 105(a)

IPC (USA), Inc. v. Kathryn A. Ellis (In re Pettit Oil Company)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 5 months 1 week ago

Citation:

No. 17-60081, 2019 WL 1104662 (9th Circuit, Mar 11,2019) Published

Case Status:

Affirmed

Ruling:

Proceeds from consigned goods in consignee's possession on the petition date become property of the estate unless the consignor has perfected its interest.

Judge(s):

Fletcher, Bybee, Burns

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 5 months 1 week ago

Citation:

CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...

Judge(s):

Faris, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Practice and Procedure

Jakubaitis v. JPMorgan Chase Bank, N.A. (In re Jakubaitis)

• Summarized by Samuel Henninger , U.S. Bankruptcy Court, Eastern District of Tennessee
• 5 months 1 week ago

Citation:

CC-18-1069-FLS (9th Circuit, Mar 07,2019) Not Published

Case Status:

Affirmed

Ruling:

The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...

Judge(s):

Faris, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Automatic Stay
• Discharge/Dischargeability

Adkins v Wentz & Wentz (In re Adkins)

• Summarized by Lars Fuller , BakerHostetler
• 5 months 2 weeks ago

Citation:

BAP No. NV-18-1204-KuTaB (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Nev.) in favor of defendant-debtor on plaintiff=creditor's 11 USC 523(a)(6) claim. Notwithstanding application of collateral estoppel...

Judge(s):

Kurtz, Taylor, Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Small Business
• 11 USC 523

Badea v. Schwartzer (In re Badea)

• Summarized by Shane Ramsey , Nelson Mullins Riley & Scarborough, LLP
• 5 months 2 weeks ago

Citation:

BAP No. NV-18-1183-BKuTa (9th Circuit, Mar 05,2019) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Ninth Circuit BAP affirmed bankruptcy court order sanctioning chapter 7 debtor for suing chapter 7 trustee, without bankruptcy court approval, based upon the Barton doctrine, but reversed and...

Judge(s):

Brand, Kurtz, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure

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