Dingley v. Yellow Logistics, LLC (In re Dingley)

Citation:
Case No. 14-60055; BA:P Case No. 13-1261 (9th Circuit, Apr 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed BAP's holding that pursuing a civil contempt proceeding is exempt from the automatic stay where the contempt proceedings are in furtherance of the court's public policy interest in...
Judge(s):
Ronald M. Gould, Richard R. Clifton, Paul J. Watford
Tag(s):

First Community Bank v. Gaughan (In re Miller)

Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Hujazi v. Schoenmann (In re the Zuercher Trust of 1999)

Citation:
NC-15-1174-KuBS (9th Circuit, Mar 22,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order approving the sale of two apartment buildings and finding that purchaser was a good faith purchaser within the meaning of § 363(m) affirmed.
Judge(s):
Kurtz, Brand, Spraker
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

Maxwell Real Estate Investment, LLC v. Liberty Asset Management Corp. (In re Asset Management Corp.)

Citation:
CC-16-1273-FCTa (9th Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court denying motion for relief from stay because movants did not need relief from stay to prosecute claim in bankruptcy court. While creditor...
Judge(s):
Faris, Clement, Taylor
Tag(s):

Chou v. Brody

Citation:
NC-15-1315-SKuB (9th Circuit, Mar 15,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's decision that creditor failed to prove claims under § 523(a)(2) and (a)(6) to except from discharge a prepetition judgment against debtor for unpaid real estate commissions...
Judge(s):
Spraker, Kurtz, Brand
Tag(s):

Javehery v. Javeheri-Leitner (In re Javehery)

Citation:
BAP No. CC-16-1195-CTaF (9th Circuit, Mar 14,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (C.D. Cal.) granting summary judgment to creditor sisters on 523 claims against debtor brother based on issue preclusion from state court...
Judge(s):
Clement, Taylor, Faris
Tag(s):

Charnetsky v. Buenviaje (In re Buenviaje)

Citation:
BAP No. CC-16-1347-TaFC (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.) on other grounds, agreeing that funds in a bank account exclusively derived from social security payments were...
Judge(s):
Taylor, Faris, Clement
Tag(s):

Partap Investments, LLC v. Kittusamy, LLP (In re Kittusamy, LLP)

Citation:
BAP No. NV-16-1242-LJuKu (9th Circuit, Mar 10,2017) Not Published
Case Status:
Affirmed
Ruling:
A purchaser of leased personal property at a foreclosure sale was not entitled to assert an administrative rent claim against the debtor where the lease was a disguised security interest, the bill...
Judge(s):
LAFFERTY, JURY, and KURTZ
Tag(s):

Schoenmann v. Bank of the West (In re Tenderloin Health)

Citation:
14-17090 (9th Circuit, Mar 07,2017) Published
Case Status:
Reversed
Ruling:
Ninth Circuit holds that courts may entertain hypothetical preference actions within Section 547(b)(5)’s hypothetical liquidation when such an inquiry is factually warranted, supported by...
Judge(s):
A. WALLACE TASHIMA and MILAN D.SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge, sitting by designation.
Tag(s):

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