BAP affirmed bankruptcy court order that allowance of Debtor's homestead exemption in the bankruptcy case did not affect state court divorce litigation in which Debtor lost his rights to the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re McIntosh, No. NC-15-1029-JuTaD (9th Cir. B.A.P. Nov. 3, 2015).
Ruling:
After chapter 13 debtor discharged her lawyer, lawyer breached duty of loyalty to debtor by challenging debtor’s exemption claim in order to collect lawyer’s fee. Not-for-publication memorandum.
Judge(s):
Meredith A. Jury, Laura S. Taylor, and Randall L. Dunn, Bankruptcy Judges.
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Ninth Circuit Bankruptcy Appellate Case No. CC-15-1012-FKiKu (Not For Publication)
Ruling:
The Bankruptcy Appellate Panel ("BAP") vacated the bankruptcy court's order holding that Samuel Farah's ("Appellee") debt owed by Kamal Zeeb ("Appellant") was nondischargeable. The pre-petition...
The Bankruptcy Appellate Panel ("BAP"), in the ruling determined not appropriate for publication, vacated the bankruptcy court's order dismissing the Chapter 11 case as a bad faith filing and...
The BAP upheld a judgment declaring a debt nondischargeable under § 523(a)(2)(A), but remanded to reduce the amount of the judgment from $821,647 to $302,000.
BAP affirmed Debtor's $90,000 valuation of printing press in Chapter 11 plan as basis for payment of secured debt, affirmed award of discovery sanctions against creditor, and dismissed as equitably...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") applied the two-part test to determine whether the bankruptcy court abused its discretion: first, determine de novo whether the [bankruptcy]...
Judge(s):
JURY, KLEIN (sitting by designation) and PAPPAS, Bankruptcy Judges
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Kanter, No. CC-15-1059-DTaKu (9th Cir. B.A.P. Oct. 13, 2015).
Ruling:
A debtor-defendant in a § 523(a)(2) action waives the defense of the untimeliness of the complaint by not raising it as an affirmative defense. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 5 months ago
Citation:
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling:
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s):
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
