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Home » 9th Circuit

Francois Freres USA, Inc. v. Weiss (In re Walldesign, Inc.)

Citation:
BAP No, CC-17-1290-KuFS (9th Circuit, Aug 02,2018) Not Published
Case Status:
Affirmed
Ruling:
An avoidance defendant-creditor cannot rely on Rule 60 for reconsideration, instead of a timely appeal, of an order disallowing the party's proof of claim, especially where the arguments asserted...
Judge(s):
KURTZ, FARIS, and SPRAKER
Tag(s):

Samuel v. JPMorgan Chase Bank, N.A.

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Lind v. Spacone

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Reid and Hellyer, APC v. Laski (In re Wrightwood Guest Ranch, LLC)

Citation:
16-56856 and 16-56869 (9th Circuit, Jul 25,2018) Published
Case Status:
Affirmed
Ruling:
A law firm representing a creditor or a party in interest in a bankruptcy case has to unequivocally state its own objection, not just its client's objection, to a proposed settlement in order to...
Judge(s):
Jay S. Bybee, Paul J. Watford, and John M. Rogers (United States Court of Appeals for the Sixth Circuit, sitting by designation)
Tag(s):

Dalton v. Warfield

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
BAP No. AZ-17-1310-SBaF (9th Circuit, Jul 11,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) granting chapter 7 trustee's motion to approve compromise over debtor's objection. Debtor's pending appeal of prepetition entry of...
Judge(s):
Spraker, Bason, Faris
Tag(s):

Lee v. Farrar (In re Gold Strike Heights Homeowners Assoc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
BAP No. EC-16-1169-KuBH & BAP No. EC-16-1283-KuBH (9th Circuit, Jul 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (ED Cal.) entry of judgment on the pleadings in favor of defendant-trustee, and grant of motion for attorney's fees as prevailing party. Tenant had no...
Judge(s):
Kurtz, Brand, Hursh
Tag(s):

Goudelock v. Sixty-01 Association of Apartment Owners

Citation:
16-35384 (9th Circuit, Jul 10,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Disagreeing with the United States Court of Appeals for the Fourth Circuit in In re Rosenfeld, 23 F.3d 833 (4th Cir. 1994), the Ninth Circuit held that post-petition condominium association...
Judge(s):
SMITH, MURGUIA, and EDUARDO C. ROBRENO (E.D. Pa., sitting by designation)
Tag(s):

Henry v. Danielson

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
CC-17-1249-TaLLs (9th Circuit, Jun 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed chapter 13 debtor's appeal of unspecified "orders" based on lack of jurisdiction. Debtor's pro se notice of appeal referenced various orders from prior to date of notice,...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Wilkins v. Menchaca

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 9 months ago
Citation:
CC-17-1335-KuLS, CC-17-1337-KuLS, CC-17-1346-KuLS (9th Circuit, Jun 28,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeals based on lack of jurisdiction. Time to appeal under FRBP 8002(d)(1)(B) was statutory and jurisdictional, not "mandatory claim-processing rule," i.e.,...
Judge(s):
Kurtz, Lafferty, Spraker
Tag(s):

Schnitzel, Inc. v. Sorensen

Citation:
BAP No. NC-17-1152-FBTa (9th Circuit, Jun 15,2018) Published
Case Status:
Affirmed
Ruling:
Pawned property becomes property of the bankruptcy estate, and the pawnbroker's state-law notice regarding the pawned personal property violated the automatic stay. The BAP did not reach the issue...
Judge(s):
FARIS, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

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