The BAP for the 9th Circuit affirmed summary judgment entered by the bankruptcy court (D. Nev.) revoking the discharge of a chapter 7 debtor for failing to appear at a 2004 exam. The BAP agreed...
BAP No. CC-15-1270-TaKuF (BAP 9th Cir. Mar. 7, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed in part, and reversed and remanded in part, the ruling of the bankruptcy court (C.D. Cal.), affirming the bankruptcy court's finding of a willful violation of...
The BAP ruled that CCP 704.710(c) has been amended in 1983 to remove the work "actually" before "resided" in order to avoid the possible construction that a temporary absence such as...
Judge(s):
Hon. Judges Scott Gan (sitting by designation), Randall Dunn, and Ralph Kirscher
In a published decision, the 9th Circuit affirmed in part, and vacated in part, the district court's (C.D. Cal.) order finding that defendant entity violated s 5 of the FTC Act; holding the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 1 month ago
Citation:
In re Singh, No. CC-15-1126-TaFC (9th Cir. B.A.P. Feb. 26, 2016).
Ruling:
A lawyer’s failure to prepare a status report before an adversary-proceeding status conference did not warrant the terminating sanction of dismissal of the action. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Fred C. Corbit, Chief Bankruptcy Judge for the Eastern District of Spokane, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 1 month ago
Citation:
In re Chagolla, No. 15-1142-JuKuW (9th Cir. B.A.P. Feb. 9, 2016).
Ruling:
A debtor may avoid an unsecured junior lien even after plan confirmation, discharge, and case closure, absent unfair prejudice to the secured creditor. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation.
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
The BAP for the 9th Circuit affirmed the ruling of bankruptcy court (D. Nev.), allowing fees for debtor's second bankruptcy counsel in the amount of $513k, notwithstanding confirmation of the lead...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 1 month ago
Citation:
In re Hebert, No. NV-14-1575-DJuKi (9th Cir. B.A.P. Feb. 23, 2016).
Ruling:
Issue preclusion arising from a nondischargeability judgment in debtor 1’s case supports nondischargeability in debtor 2’s case. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted...
