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Home » 9th Circuit

Bouzaglou v. Haworth

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 7 months ago
Citation:
CC-17-1253-SKuF (9th Circuit, Aug 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit Bankruptcy Appellate Panel affirmed order from bankruptcy court finding debt non dischargeable under § 523(a)(2)(A) and (a)(4). Bankruptcy court did not err when it granted...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

Sino Clean Energy, Inc. v. Seiden

Citation:
No. 17-15316 (9th Circuit, Aug 27,2018) Published
Case Status:
Affirmed
Ruling:
Former members of the board of directors of a Nevada corporation, who had been removed by the receiver for the corporation, did not have standing under Nevada law to file a bankruptcy petition on...
Judge(s):
Graber, Tallman, and Ivan L.R. Lemelle (Senior District Judge, E.D. La., sitting by designation)
Tag(s):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

Khoja v. Orexigen Therapeutics, Inc.

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 7 months ago
Citation:
No. 16-56069 (9th Circuit, Aug 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit affirmed in part and reversed in part order of district court granting motion to dismiss for failure to state a claim under the Securities Exchange Act of 1934. District court erred...
Judge(s):
Tashima, Berzon, and Payne
Tag(s):

de Jong v. JLE-04 Parker, L.L.C.

Citation:
AZ-17-1280-FSBa and AZ-17-1292-FSBa (9th Circuit, Aug 03,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The "rule of mandate," which requires that a trial court quote adhere to the appellate court's decision, does not prohibit a trial court from addressing issues that were not decided by the...
Judge(s):
FARIS, SPRAKER, and BASON (sitting by designation)
Tag(s):

Taxe v. Dye (In re Kellogg-Taxe)

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 7 months ago
Citation:
CC-17-1092-FSKu and CC-17-1303-FSKu (consolidated) (9th Circuit, Aug 06,2018) Not Published
Case Status:
Affirmed
Ruling:
Ninth Circuit BAP affirmed the judgment of bankruptcy court finding community property held by debtor and non-filing spouse, which included the assets of an out-of-state alter-ego corporation, were...
Judge(s):
FARIS, SPRAKER, and KURTZ
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

JTF Rose, Inc. v. Esquerra

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 7 months ago
Citation:
BAP No. CC-17-1356-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case. Bankruptcy court incorrectly applied issue preclusion. Lack of...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Bray v. U.S. Bank National Assoc.

  • Summarized by Camila Bersani , U.S. Bankruptcy Court
  • 7 years 7 months ago
Citation:
CC-17-1373-SKuF (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not commit a reversible error when it annulled the automatic stay nunc pro tunc to validate a postpetition nonjudicial foreclosure sale of real property where the debtor was...
Judge(s):
SPRAKER, KURTZ, and FARIS
Tag(s):

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