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Christopher Marino v. Ocwen Loan Servicing

Summarizing by Bradley Pearce

Highland Greens Homeowners Association of Buena Park v. Maria A. Basave De Guillen (In re Guillen)

Citation:
BAP No. CC-18-1248-LSTa and BAP No. CC-18-1242-LSTa (9th Circuit, Aug 26,2019) Published
Case Status:
Affirmed
Ruling:
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR
Tag(s):

Zito v. Douglass Enterprises, LLC (In re Zito)

Citation:
AZ-18-1289-BFL, 2019 WL 3959627 (9th Circuit, Aug 21,2019) Published
Case Status:
Reversed
Ruling:
Creditor was not entitled to attorney's fees before prevailing in the state court litigation.
Judge(s):
Brand, Faris, Lafferty
Tag(s):

Juarez v. Todeschi and Ponce (In re Juarez)

Citation:
AZ-19-1028-FLB (9th Circuit, Aug 21,2019) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...
Judge(s):
Faris, Lafferty, Brand
Tag(s):

Mangaoang v. Newport Beach Holdings (In re Mangaoang)

Citation:
BAP No. NC-18-1309-BSTa (9th Circuit, Aug 13,2019) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
Judge(s):
Brand, Spraker, Taylor
Tag(s):

Kamal Zeeb v. Samuel Farah (In re Zeeb)

Citation:
BAP No. CC-19-1019-SKuTa (9th Circuit, Aug 09,2019) Not Published
Case Status:
Affirmed
Ruling:
State court jury finding of liability on conversion but award of zero damages established that creditor suffered harm from debtor on conversion claim. Issue preclusion did not prevent bankruptcy...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Trent Allen Bateman v. GemCap Lending I, LLC (In re Bateman)

Citation:
BAP Nos. HI-18-1302-TaSKu (9th Circuit, Aug 07,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court (D. Haw.) judgment of nondischargeability of contempt, fraud, and conversion. Evidence was clear and convincing that Debtors knew about preliminary...
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

Dobos v. People`s Bail Bonds; Harry Kassabian (In re Dobos)

Citation:
CC-18-1239-FLKu (9th Circuit, Aug 02,2019) Published
Case Status:
Affirmed
Ruling:
A creditor seeking to enforce an avoided lien needs to ensure that the lien does not otherwise expire during the course of the litigation or appeal. In this case, a judgment creditor whose lien had...
Judge(s):
FARIS, LAFFERTY, and KURTZ
Tag(s):

Lawson v. Wells Fargo Bank, N.A. (In re Lawson)

Citation:
BAP No. CC-19-1011-TaSKu; Bk. No. 8:18-bk-13376-ES (9th Circuit, Jul 31,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not abuse its discretion in dismissing debtor's chapter 13 case after denying confirmation of her plan.
Judge(s):
Taylor, Spraker, Kurtz
Tag(s):

Frank Jakubaitis v. Padilla, Golden and Marshcack (In re Jakubaitis)

Citation:
BAP No. CC-18-1067-SFL (9th Circuit, Jul 22,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The pyschotherapist-patient privilege is limited to communications between a witness and his or her psychotherapist. A witness who claims to be unable to give accurate testimony because he or she...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

Gilman v. Tammy R. Phillips (In re Gilman)

Citation:
No. CC-18-1066-TaLS, 2019 WL 3074607 (9th Circuit, Jul 12,2019) Published
Case Status:
Affirmed
Ruling:
When a creditor voluntarily files a CCP § 685.080 motion with the bankruptcy court for an award of postpetition attorneys' fees, § 108(c) does not toll the two-year limitation in CCP § 685.080.
Judge(s):
Taylor, Lafferty, Spraker
Tag(s):

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