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

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 2 months ago
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):

Maria Vista Estates v. Mi Nipomo, LLC

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 3 months ago
Citation:
CC-16-1111-TaLN (9th Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's ruling that debtor could not pursue fraud claim and that fraud claim did not survive a court-approved settlement affirmed.
Judge(s):
Taylor, Lafferty, Novack
Tag(s):

Kim v. Wolkowitz (In re Kim)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 3 months ago
Citation:
BAP No. CC-16-11130TaLN (9th Circuit, Feb 15,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Based on the Bankruptcy Appellate Panel's ("BAP") recent ruling in a related case; Hooshim v. Wolkowitz (In re Kim), BAP No. CC-15-1273-TaKuF, 2016 WL 2654350 (9th Cir. BAP May 2, 2016). The...
Judge(s):
Honorable TAYLOR, LAFFERTY, and NOVACK.
Tag(s):

Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

County of Imperial Treasurer-Tax Collector v. Stadtmueller (In re RW Meridian LLC)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 9 years 3 months ago
Citation:
BAP No. SC-16-1227-JuFY; Bk Case No. 16-00629 MM7 (9th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the Bankruptcy Court's ruling that the County's post-petition tax sale violated the automatic stay and was, therefore, void.
Judge(s):
JURY, FARIS and YUN
Tag(s):

Credit One Corpv. Naoom ( In re Naoom)

Citation:
BAP NO. SC-16-1066, Bk. No. 15-02484-LT7 (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
Judge(s):
Jury, Faris, and Yun
Tag(s):

Lopez v. Raicevic (In re Lopez)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

Khounani v. Premier Capital, LLC (In re Khounani)

Citation:
BAP No. 16-1233-NTaL (9th Circuit, Feb 02,2017) Not Published
Case Status:
Affirmed
Ruling:
Section 523(a)(10) provides that any claim existing when a debtor waives or is denied a discharge in a case will be nondischargeable in a subsequent case. If a claim is nondischargeable under...
Judge(s):
Novack (sitting by designation), Taylor and Lafferty
Tag(s):

Zenovic v. Crump (In re Zenovic)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
Judge(s):
Faris, Yun, Jury
Tag(s):

Guthrie v. Stadtmueller (In re Guthrie)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 3 months ago
Citation:
SC-15-1390-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order sustaining chapter 7 trustee's objection to debtor's claimed homestead exemption affirmed.
Judge(s):
Faris, Yun, Jury
Tag(s):

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