Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 8 months ago
Citation:
In re Woodcraft Studios, Inc., No. NC-15-1143-WJuKu (9th Cir. B.A.P. July 22, 2016). Not-for-publication memorandum.
Ruling:
After a bankruptcy court has denied a request for compensation by the attorney for a debtor in possession, the attorney’s proof of claim for the denied compensation may also be disallowed.
Judge(s):
Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 8 months ago
Citation:
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling:
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 8 months ago
Citation:
Hernandez vs. Williams, Zinman & Parhan, PC, Case No. 14-15672 (9th Cir. Jul. 20, 2016)
Ruling:
The FDCPA unambiguously requires any debt collector, whether an initial or subsequent collector, to send a § 1692g(a) validation notice within five days of its first communication with a consumer...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 8 months ago
Citation:
Hagele, Jr. v. Burch (In re Hagele, Jr.), Case No. EC-15-1033-JuDTa (9th Cir. BAP, Jul. 18, 2016) (unpublished)
Ruling:
Bankruptcy court judgment, holding that state court prepetition judgment entered in favor of creditor and against debtor for defamation and unfair trade practices established "willful and malicious...
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 8 months ago
Citation:
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling:
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 8 months ago
Citation:
No. 14-15857 (9th Cir. July 13, 2016) (published)
Ruling:
Summary judgment was properly entered determining that debtor’s tax liabilities were nondischargeable under § 523(a)(1)(B)(i) relating to tax debt for unfiled returns. The panel held that the...
Judge(s):
Jerome Farris, Diarmuid F. O’Scannlain, and Morgan Christen, Circuit Judges
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 8 months ago
Citation:
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling:
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s):
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 8 months ago
Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 9 months ago
Citation:
Tevis v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)
Ruling:
Bankruptcy court's order dismissing debtors' adversary proceeding against creditor and chapter 13 trustee affirmed due to debtors' failure to prosecute.
