Home » 9th Circuit

Velasquez v. Bank of America, N.A. (In re Velasquez)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 9 months ago
Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)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...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Utzman v. Suntrust Mortgage, Inc. (In re Utzman)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 9 months ago
Citation:
NC-15-1331-TAJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) denying motion from chapter 11 debtors for reconsideration of an order granting stay relief for cause, including...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Bencomo v. Avery (In re Bencomo)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 9 months ago
Citation:
In re Bencomo, No. CC 15-1442-DKuF (9th Cir. B.A.P. Aug. 8, 2016). Not for publication.
Ruling:
The bankruptcy court failed to consider whether the chapter 7 debtor’s use of homestead proceeds to make residential rent payments qualified as reinvestment under Cal. Code Civ. P. § 704.720(b).
Judge(s):
Randall L. Dunn, Frank L. Kurtz, and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Tag(s):

Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
Ruling:
Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently...
Judge(s):
Faris, Dunn & Kurtz
Tag(s):

Rivera v. Orange Country Probation Dept. (In re Rivera)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 9 months ago
Citation:
-- F.3d -- (9th Cir. 2016)
Ruling:
The Ninth Circuit reversed the Bankruptcy Appellate Panel, which had affirmed the bankruptcy court's denial of Maria Rivera ("Debtor") motion for sanctions against Orange County Probation...
Judge(s):
Honorable Stephen Reinhardt, and Kim McLane Wardlaw, Circuit Judges, and Mark W. Bennett, District Judge.
Tag(s):

Salven c. Galli (In re Pass)

  • Summarized by Jeffrey Coe , Mesch Clark Rothschild
  • 9 years 10 months ago
Citation:
Salven v. Galli (In re Pass), Case No. 15-1367-DTaJu (BAP 9th Cir. Aug. 1, 2016)
Ruling:
The 9th Cir. BAP affirmed the bankruptcy court's (E.D. Cal) order and summary judgment that a non-debtor ex-spouse (Galli) was entitled to claim a homestead exemption in community property of the...
Judge(s):
Dunn, Taylor, Jury
Tag(s):

An v. Kwon (In re An)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 10 months ago
Citation:
In re An, No. CC-16-1001-KuFKi (9th Cir. B.A.P. July 27, 2016). Not for publication.
Ruling:
A California state-court judgment awarding damages for wrongful possession of real property can support a 523(a)(6) judgment for willful and malicious injury.
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

Sui v. Marshack (In re Sui)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 10 months ago
Citation:
Sui v. Marshack (In re Sui), Case No. CC-16-1053-KuFKi (9th Cir. BAP, Jul. 26, 2016) (unpublished)
Ruling:
Bankruptcy court order authorizing chapter 7 trustee to offset contempt sanctions against non-debtor spouse's interest in proceeds from the sale of a residence vacated, and case remanded for...
Judge(s):
Kurtz, Faris, Kirscher
Tag(s):

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