In re John Horton

Citation:
WW-20-1069-LSF (9th Circuit, Sep 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court decision not to reopen the case was affirmed in full. The appellate court reviewed the decision not to reopen for an abuse of discretion and determined there was no such...
Judge(s):
The Hons. Lafferty, Spraker, and Faris
Tag(s):

In re Dennis Baham

Citation:
NV-20-1081-TaBG (9th Circuit, Sep 30,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion awarding the Bank of New York Melon (BNY) the attorneys’ fees and costs incurred in litigating and defeating the bad faith chapter 13 filing of...
Judge(s):
Laura S. Taylor; Julia W. Brand; and Scott H. Gan
Tag(s):

In re Myron Hale

Citation:
United States Bankruptcy Appellate Panel Case No. CC-19-1225-SFL (9th Circuit, Sep 28,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel affirmed the bankruptcy court's denial of the Debtor's motion to dismiss. The Debtor does not have an absolute right to dismiss; rather, the Debtor must demonstrate...
Judge(s):
Honorable Spraker, Fairs, and Lafferty
Tag(s):

In re Farwest Pump Company

Citation:
BAP No. AZ-19-1274-LBT (9th Circuit, Sep 18,2020) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
Judge(s):
LAFFERTY, BRAND, and TAYLOR, Bankruptcy Judges
Tag(s):

In re Gardens Regional Hospital and Medical Center, Inc.

Citation:
No. 18-60016 (9th Circuit, Sep 16,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part BAP decision affirming bankruptcy court's denial of Chapter 11 debtor's motion asserting that State of California and Dept. of Health Care Services...
Judge(s):
Wardlaw, Collins, Bataillon
Tag(s):

In re Lisa Garcia

Citation:
United States Bankruptcy Appellate Panel Case Nos. CC-19-1214-SGF and CC-19-1232-SGF (9th Circuit, Sep 01,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel vacated the Bankruptcy Court's Ruling excepting from discharge creditor's claim pursuant to 11 U.S.C. 523(a)(6), and, remanded the matter to the Bankruptcy Court to...
Judge(s):
Honorable Spraker, Gan, and Faris
Tag(s):

In re OLGA VLADMIROVNA BORDENYUK

Citation:
HI-20-1042-BSG (9th Circuit, Aug 27,2020) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Ha.) denying chapter 7 debtor's motion to reconsider order approving settlement agreement. Bankruptcy court did not abuse discretion by...
Judge(s):
Brand, Spraker, Gan
Tag(s):

In re Medina

Citation:
BAP No. SC-19-1299-FSG (9th Circuit, Aug 14,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Judge(s):
FARIS, SPRAKER, and GAN, Bankruptcy Judges
Tag(s):

In re Donald and Jane Nichols

Citation:
BAP No. AZ-20-1032-TaLB (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
Judge(s):
TAYLOR, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

In re Edwin Earl Elliott

Citation:
Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Tag(s):

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