The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the denial by the United States Bankruptcy Court for the Central District of California (BC) of the dispositive motion (Motion),...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Gary A. Spraker
US Bank, as trustee ("Secured Creditor") evidenced its right to enforce deed of trust. 11 U.S.C. Sec. 362(d)(4) inclusion of "scheme" means "an intentional artful plot or plan." Thus it is not...
Creditor's claim did not assert a pre-petition state law cause of action separate from the Bankruptcy Code. Rather, the claim arose from the initial bankruptcy filing. Therefore, the claim is...
Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the disallowance, by the U.S. Bankruptcy Court for the Central District of California (BC), of the Debtor's claim of a homestead...
Judge(s):
Gary A. Spraker; Scott H. Gan; and William J. Lafferty III
Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
Civil contempt is a severe remedy with a significant burden of proof. Under new objective standard, business partners had some reason to believe that (i) Debtor might have “returned to the...
The Ninth Circuit affirmed the bankruptcy court's finding that one real property held by the debtor and his non-debtor spouse was community property based on the California community property...
The BAP affirmed the bankruptcy court in full in that property held by an LLC under Minnesota law is not property of an individual debtor. Therefore, the automatic stay does not extend to...
The BAP affirmed the bankruptcy court (C.D. Cal.) in full in that no cause for dismissal existed to allow the Debtors to dismiss their Chapter 7 under 11 U.S.C. § 707(a). The BAP noted that the...
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's decision to award an administrative expense claim to the tenant of the individual chapter 7 debtor after the trustee had...
