Home » 9th Circuit

Tevis v. California Department of Veterans Affairs (In re Tevis)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 10 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v. California Department of Veterans Affairs (In re Tevis), Case No. EC-15-1111-TaJuD (9th Cir. BAP Jul. 7, 2016) (unpublished)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.
Judge(s):
Taylor, Jury, and Dunn
Tag(s):

Gaines v. Parker (In re Shaver Lakewoods Development Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 10 months ago
Citation:
9th Cir. Bankrupcy Appellate Panel Case No. EC-15-1312-TaJuD (Not or Publication)
Ruling:
The BAP agreed that the assignment in favor of the Appellant did not give rise to a mortgage against the real property at issue. The terms of the agreement between the Appellant and Debtor did not...
Judge(s):
Honorable TAYLOR, JURY, and DUNN, Bankruptcy Judges.
Tag(s):

Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Halloum)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 11 months ago
Citation:
BAP No. EC-15-1291-DTaJu (BAP 9th Cir. Jun. 28, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) finding no abuse of discretion in approving a final fee application for debtor's former counsel through a...
Judge(s):
Dunn, Taylor, Jury
Tag(s):

Desert Pine CVillas Homeowners Assoc. v. Kabiling (In re Kabiling)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 11 months ago
Citation:
In re Kabiling, No. NV-15-1380-BDF (9th Cir. B.A.P. June 14, 2016). Ordered published.
Ruling:
A creditor violates the discharge injunction by requesting an award of attorney fees against debtors in a post-foreclosure quiet-title action commenced by the creditor.
Judge(s):
Martin R. Barash, Bankruptcy Judge for the Central District of California, sitting by designation, and Randall L. Dunn and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Tag(s):

DeNoce v. Neff (In re Neff)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 11 months ago
Citation:
9th Cir. No. 14-60017 (June 9, 2016) (published)
Ruling:
The Ninth Circuit held that the one-year window to revoke a discharge under Section 727(a)(2) is not a statute of limitations and is therefore not subject to equitable tolled by the filing of...
Judge(s):
Richard R. Clifton, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.
Tag(s):

California Capital Insurance Co. v. Riley (In Re Riley)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 11 months ago
Citation:
California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)
Ruling:
Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).
Judge(s):
Taylor, Landis, and Kirscher
Tag(s):

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 11 months ago
Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 9 years 12 months ago
Citation:
-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION
Ruling:
Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the...
Judge(s):
KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.
Tag(s):

Wilson v. Desert Realty, Inc., et al. (In re Wilson)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 12 months ago
Citation:
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Nev.) dismissing debtor's adversary proceeding alleging that defendants intentionally violated the automatic stay. BAP...
Judge(s):
Dunn, Faris Barash
Tag(s):

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