In re: SIMON VERNON RODRIGUEZ and MARILYN KAY SCHIPULL

• Summarized by Bradley Pearce , Pearce Law PLLC
• 8 months 4 days ago

Citation:

BAP No. NV221174CBG (9th Circuit, Apr 03,2023) Published

Case Status:

Affirmed

Ruling:

Section 523(a)(19) of the Bankruptcy Code does not require a judgment creditor to re-litigate securities violations in bankruptcy court if a court of competent jurisdiction has entered a judgment...

Judge(s):

CORBIT, BRAND, and GAN, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 523(a)(19)

In re: BELLA HOSPITALITY GROUP, LLC,

• Summarized by Hans Riefkohl , Riefkohl LLC
• 8 months 2 weeks ago

Citation:

NV-22-1144-BGC (9th Circuit, Mar 22,2023) Published

Case Status:

Reversed and Remanded

Ruling:

The 9th Circuit BAP ruled that a failure to submit the statement required under Bankruptcy Rule 1003(a), is not jurisdictional. Because the Appellee did not raise such defect in a timely manner,...

Judge(s):

BRAND, GAN, and CORBIT, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Rule 1003
• 11 U.S.C. § 303(b)

In re: ELIZABETH ANN RAMSEY

• Summarized by Michael Myers , Ballard Spahr LLP
• 8 months 2 weeks ago

Citation:

BAP No. NV-22-1202-BGC (9th Circuit, Mar 23,2023) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit affirmed the bankruptcy judge's denial of a debtor defendant's motion for attorneys' fees under Section 523(d) after the debtor prevailed...

Judge(s):

BRAND, GAN, and CORBIT

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• 11 USC 523(a)(2)(A)

In re: NEAL JONES and AMY JONES

• Summarized by Bradley Pearce , Pearce Law PLLC
• 8 months 3 weeks ago

Citation:

BAP No. AZ-21-1203-FLS, BAP N0. AZ-22-1104-FLS (9th Circuit, Mar 14,2023) Not Published

Case Status:

Affirmed

Ruling:

The bankruptcy court properly held that the debtors' obligation to plaintiff was not dischargeable under 11 U.S.C. § 523(a)(6) because the evidence showed that the male debtor had intentionally...

Judge(s):

FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges

Tag(s):

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

In re: MOMENTUM DEVELOPMENT, LLC,

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

Citation:

BAP No. CC221084 (9th Circuit, Mar 02,2023) Published

Case Status:

Affirmed

Ruling:

A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...

Judge(s):

CORBIT, FARIS, and LAFFERTY, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• 544(b)

EL DORADO LIQUIDATION ASSOC., LLC V. MACK (In re: DARIN A. MACK and DEBORAH L. MACK)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 2 days ago

Citation:

BAP No. AZ-22-1140-LSF (9th Circuit, Mar 07,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit's Bankruptcy Appellate Panel held the bankruptcy court properly dismissed with prejudice a judgment creditor's claim to except a debt from the debtors' discharge based on...

Judge(s):

LAFFERTY, SPRAKER, and FARIS

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Discharge/Dischargeability
• Fed. R. Bankr. P. 12
• 11 USC § 523(a)(2)(A) and (B)
• 11 USC § 523(a)(4)

Licup v. Jefferson Ave. Temecula, LLC (In re Licup)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 9 months 2 weeks ago

Citation:

BAP No. SC-22-1111-GBS (9th Circuit, Feb 21,2023) Not Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit's Bankruptcy Appellate Panel affirmed a summary judgment excepting a debt from the debtors' discharge under 11 U.S.C. § 523(a)(3)(A) in the full amount of the creditor's state...

Judge(s):

GAN, BRAND, and SPRAKER

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 101(5)
• 11 U.S.C. § 101(12)
• 11 U.S.C. § 523(a)(3)(A)

In re: SOON HEE KIM

• Summarized by Amir Shachmurove , Reed Smith LLP
• 9 months 3 weeks ago

Citation:

22-1143 (9th Circuit, Feb 15,2023) Not Published

Case Status:

Affirmed

Ruling:

Though describing as "harsh" certain of its evidentiary rulings against Hea Sook Kang (CR) in her adversary proceeding against chapter 7 debtor Soon Hee Kim (DR) due to the CR's demonstrable...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Fed. R. Bankr. P. 9029(a); cf. Fed. R. Bankr. P. 7037
• 11 U.S.C § 523(a)(2)(A); 11 U.S.C § 523(a)(4)

In re: JILL SUZANN MEDLEY

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 9 months 3 weeks ago

Citation:

CC-22-1167-FLC (BAP) (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court did not err in concluding that creditor was a secured creditor and that its attempts to collect a real estate commission claimed by chapter 13 debtor violated the automatic stay.

Judge(s):

Faris, Lafferty, Corbit

Tag(s):

• 9th Circuit
• Automatic Stay
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C § 362
• 11 U.S.C § 105

In re: JILL SUZANN MEDLEY

• Summarized by Amir Shachmurove , Reed Smith LLP
• 9 months 3 weeks ago

Citation:

22-1167 (9th Circuit, Feb 13,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the oral and written rulings of the U.S. Bankruptcy Court for the Central District of California (BC) determining that...

Judge(s):

Robert J. Faris; William J. Lafferty III; and Frederick P. Corbit

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Professional Practice Areas
• Finance and Banking
• Lender Liability
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7001(2)
• 11 U.S.C § 362(a)(3); 11 U.S.C § 362(a)(6); 11 U.S.C § 362(k)

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