11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering
the Debtor’s personal property under California Code of Civil Procedure...
Judge(s):
Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.
9th Cir. affirmed in part and reversed in part district court's (WD Wa.) summary judgment in favor of defendant vessel owner in bunker supplier's (marine fuel) suit for payment based on maritime...
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
9th Circuit affirmed in part, reversed in part, and remanded district court (CD Cal.) judgment in favor of the US (IRS) in suit for tax refund by taxpayer based on return filed by bankruptcy...
Chapter 11 cases for individuals may create discharge problems in a liquidating chapter 11. In this appeal, the individual chapter 11 debtors did not continue in their pre-petition businesses, and...
Judge(s):
Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge (EDNY), by designation
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 trustee's sale of debtor's state court appeal rights to appellee. Bankruptcy court did not abuse discretion in...
Ninth Circuit reversing district court, which had reserved the bankruptcy court award of damages to the Debtors for violation of the automatic stay by the IRS. Sovereign immunity does not bar an...
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding Plaintiffs did not prove a claim under § 523(a)(2)(A) when they failed to provide evidence supporting...
