In re Beltway One Development Group, LLC

Citation:
United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
Ruling:
If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if...
Judge(s):
Kirscher, Dunn and Jury
Tag(s):

Arriola v. Naylor (In re Arriola)

Citation:
9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
Ruling:
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
Judge(s):
KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
Tag(s):

Morris, et al. v. Davis (In re Morris)

Citation:
BAP No. SC-15-1222-FJuKi (BAP 9th Cir. Mar. 29, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) approving a settlement agreement, finding the bankruptcy court did not abuse its discretion in granting the...
Judge(s):
Faris, Jury, Kirscher
Tag(s):

Kochetov v. California Employment Development Department (In re Kochetov)

Citation:
In re Kochetov, No. SC-15-1034-FJuKi (9th Cir. B.A.P. Mar. 25, 2016).
Ruling:
A bankruptcy court may not decline to reopen a closed chapter 7 case due to the passage of time. Not-for-publication memorandum.
Judge(s):
Robert J. Faris, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

Ozenne v. Chase Manhattan Bank, et al. (In re Ozenne)

Citation:
No. 11-60039 (9th Cir. March 25, 2016) (Published)
Ruling:
The 9th Circuit vacated the BAP's denial of a petition for a writ of mandamus, holding the BAP did not have jurisdiction to consider the writ petition, reversing In re Salter, 279 B.R. 278 (B.A.P....
Judge(s):
Wallace, Leavy, Bybee
Tag(s):

Wilson v. Desert Realty, Inc. (In re Lindsey)

Citation:
BAP Nos. NV-14-1583-KiDJu & NV-15-1071-KiDJu (BAP 9th Cir. Mar. 21, 2016)
Ruling:
BAP for 9th Circuit reversed and remanded two orders of the bankruptcy court (D. Nev.) (a) dismissing debtor's complaint against a landlord for alleged violation of the codebtor stay under s 1301...
Judge(s):
Kirscher, Dunn, Jury
Tag(s):

Bradley R. Kirk & Associates, Inc. v. Spellman (In re Spellman)

Citation:
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1026-KiKuF (March 22, 2106) Not for Publication
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the holding of the bankruptcy court. To determine whether the Debtor proposed his Chapter 13 Plan in good faith, the BAP considered the following:...
Judge(s):
Honorable KIRSCHER, KURTZ and FARIS
Tag(s):

Bos v. Board of Trustees (For Publication)

Citation:
Bos v. Board of Trustees (9th Cir. March 24, 2016) (For Publication)
Ruling:
The Ninth Circuit Court of Appeals affirmed the District Court's affirmance of the Bankruptcy Court, that found that Gregory Bos ("Debtor") Motion for Attorney's Fees was denied because the claim...
Judge(s):
O'Scannlain, Ikuta, Circuit Judges and Larry A. Burns, District Judge
Tag(s):

Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation:
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order...
Judge(s):
Kirscher, Faris, and Jury
Tag(s):

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