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.
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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 9 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.
Summarized by James Webster , Law Office of James Portman Webster, PLLC
9 years 9 months ago
Citation:
-- F.3d -- (6/26/16)
Ruling:
The Ninth Circuit BAP characterized the pre-petition legal agreement as an executory agreement, and as such, the case had to be remanded to determine the date the executory agreement was...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
9 years 9 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.
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...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
9 years 10 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-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION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...
BAP No. NV-14-1589-DFB (BAP 10th Cir. May 31, 2016) (unpublished)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...
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (D. Az.), finding that the bankruptcy court did not err in denying creditor's motion to allow late filed claim, or in...
