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Home » 9th Circuit

Bobka v. Toyota Motor Credit Corporation

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 5 years 7 months ago
Citation:
No. 18-55688 (9th Circuit, Aug 03,2020) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
Tag(s):

In re Henry Voss III

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 5 years 7 months ago
Citation:
Ninth Circuit BAP No. ID-20-1053-SGF (9th Circuit, Jul 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that Debtor's former spouse's attorneys' fees incurred in the pre-petition family law litigation were non-dischargeable as a...
Judge(s):
Bankruptcy Judge(s) Spraker, Gan, and Faris.
Tag(s):

In re Javedanfar

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 8 months ago
Citation:
BAP No. CC-19-1265-TaFL (9th Circuit, Jul 08,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) awarding fraudulent transfer plaintiff-assignee damages, fees, and costs on 11 USC 544, 548, and 550 claims. Bankruptcy court did not...
Judge(s):
Taylor, Faris, Lafferty
Tag(s):

In re Sarah Margaret Taylor

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 8 months ago
Citation:
BAP No. HI-18-1197-GBS (9th Circuit, Jul 08,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Haw.) approving chapter 7 trustee's motion to approve settlement over objection of debtor. Bankruptcy court did not abuse discretion in...
Judge(s):
Gan, Brand, Spraker
Tag(s):

In re Shawne Merriman

Citation:
BAP No. CC-19-1245-LTaF (9th Circuit, Jul 13,2020) Published
Case Status:
Affirmed
Ruling:
The Supreme Court's opinion in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020), does not prohibit a bankruptcy court from fashioning nunc pro tunc...
Judge(s):
LAFFERTY, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

In re Carol Engen

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 8 months ago
Citation:
BAP No. WW-20-1019-BSG (9th Circuit, Jul 06,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (WD Wash) dismissing chapter 13 case for cause under 11 USC 1307(c), including delay prejudicial to creditors. Debtor's failure to make...
Judge(s):
Brand, Spraker, Gan
Tag(s):

In re Stevens Opinion

Citation:
BAP No. CC-19-1325-TaFL (9th Circuit, Jul 02,2020) Published
Case Status:
Affirmed
Ruling:
Adopting the majority position interpretation of 11 U.S.C. § 544(c), failing to include to include an asset on a debtor's schedules precludes an abandonment of such asset if it is not administered...
Judge(s):
TAYLOR, FARIS, and LAFFERTY, Bankruptcy Judges
Tag(s):

In re Sisk, Candalla and Mercado

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 5 years 9 months ago
Citation:
18-17445; 18-17446; 18-17447; 18-17448 (9th Circuit, Jun 22,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
Judge(s):
Wardlaw, Smith, Bumatay
Tag(s):

Blixseth v. Credit Suisse

  • Summarized by ,
  • 5 years 9 months ago
Citation:
16-35304 (9th Circuit, Jun 11,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Ninth Circuit affirmed the confirmation of a Chapter 11 Plan that included a limited non-consensual third party release of certain creditors for potential claims arising out of conduct in the...
Judge(s):
Richard A. Paez, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.
Tag(s):

In re Nations First Capital, LLC

Citation:
BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published
Case Status:
Reversed
Ruling:
The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
Judge(s):
GAN, LAFFERTY, and BRAND
Tag(s):

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