Summarized by James Webster , Law Office of James Portman Webster, PLLC
10 years 3 months ago
Citation:
Spice 4 Life v. Rund (In re Java) B.R. (9th Cir. B.A.P. December 4, 2015)
Ruling:
** Not For Publication ** The Bankruptcy Appellate Panel for the Ninth Circuit held Spice 4 Life's claims were moot because it did not oppose a Trustee's Motion to Revoke a Living Trust which...
Bankruptcy Trustee failed to carry its burden of proving insolvency of a debtor corporation, or actual fraudulent intent, at the time of alleged fraudulent transfers. The 9th Cir. BAP affirmed the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Sutton, No. EC-14-1204-JuFD (9th Cir. B.A.P. Dec. 3, 2015).
Ruling:
A case-terminating sanction may not be imposed absent bad faith or consideration of a more moderate penalty, such as a continuance. Not-for-publication memorandum.
Judge(s):
Meredith A. Jury, Robert J. Faris, and Randall L. Dunn, Bankruptcy Judges.
Jackson v. U.S. (In re Jackson), Case No. EC-15-1072-DJuF (9th Cir. BAP Dec. 4, 2015) (published)]
Ruling:
Affirmed. The Ninth Circuit BAP held an amended proof of claim filed by the IRS was not untimely under Sections 502(b)(9) or 1308 of the Bankruptcy Code, or Bankruptcy Rule 3002(c)(1), because it...
Bankruptcy court properly found that Debtor had no standing to contest lien claim of homeowners association in a no-asset chapter 7 case where debtor's discharge had been entered and relief from...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Carpenter, No. MT-14-1499-KlPaJu (9th Cir. B.A.P. Nov. 18, 2015).
Ruling:
An individual debtor’s liability for unpaid Montana corporate unemployment taxes less than three years old is entitled to priority under 507(a)(8)(E).
Judge(s):
Jim D. Pappas and Meredith A. Jury, Bankruptcy Judges, and Christopher M. Klein, United States Bankruptcy Judge for the Eastern District of California, sitting by designation. Opinion by Judge Klein.
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling determined not to be appropriate for publication; the BAP determined that the bankruptcy court did not abuse its discretion in...
In the Memorandum decision by the Ninth Circuit Bankruptcy Appellate Pane determined not to be appropriate for publication, the Bankruptcy Appellate Panel appeal of the bankruptcy court order...
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
