Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 6 months ago
Citation:
In re Castellino Villas, A.K.F. LLC, No. 12-57186 (9th Cir. Sep. 6, 2016). Published.
Ruling:
A chapter 11 debtor that continues after plan confirmation to defend a creditor’s prepetition lien-enforcement action has not “returned to the fray,” and the creditor’s postpetition...
Judge(s):
Michael J. Melloy, Senior Circuit Judge for the Eighth Circuit Court of Appeals, and Jay S. Bybee and Sandra S. Ikuta, Ninth Circuit Judges. Opinion by Judge Ikuta.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 7 months ago
Citation:
In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.
Ruling:
In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 7 months ago
Citation:
9th Cir. Case No. 14-55854 (August 23, 2016)
Ruling:
An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
Judge(s):
Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
Ninth Circuit Court of Appeals, No. 13-17500 ((August 22, 2016)
Ruling:
General unsecured claim against individual debtor was properly subordinated pursuant to section 510(b) of the Bankruptcy Code because claim arose from an equity investment in an affiliate of the...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 7 months ago
Citation:
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling:
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 7 months ago
Citation:
In re Carrera, No. NC-15-1383-KiTaJu (9th Cir. B.A.P. Aug. 16, 2016). Not for publication.
Ruling:
A chapter 13 debtors’ lawyer’s involvement in two bad-faith chapter 13 filings warranted FRBP 9011 monetary sanctions on the bankruptcy court’s own motion.
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Appellate Panel Judges.
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default...
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
