Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's...
The appeal was deemed constitutionally moot because the appellate court found that it cannot render relief in the event that it decides the matter in the appellant's favor. The court found that...
Judge(s):
Circuit Judges Milan Smith, Jr. and Jacqueline H. Nguyen and District Court Judge Claudia Wilken (sitting by designation).
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 11 months ago
Citation:
In re Endresen, No. OR-15-1141-KiFJu (9th Cir. B.A.P. Apr. 8, 2016).
Ruling:
Assignment to a trust-deed beneficiary of proceeds of damage to the property gave the beneficiary a lien on funds paid in settlement of construction-defect litigation, notwithstanding 552. Published.
Judge(s):
Ralph B. Kirscher, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
Ruling:
For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
9 years 12 months ago
Citation:
In re Murtaza, No. CC-15-1075-KuFTa (9th Cir. B.A.P. Feb. 4, 2016).
Ruling:
A bankruptcy court may not grant summary judgment in a 727(a)(4)(A) action absent the debtor’s admission that she knowingly and fraudulently made errors and omissions in her schedules and...
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
