Applying the three-part Brunner test, Appellant failed to meet her burden to demonstrate undue hardship while attempting to discharge her student loan debt pursuant to 11 USC § 523 (a)(8). Under...
The 9th Cir. BAP held that special counsel to Chapter 7 trustee was required to disgorge fees and to pay attorneys fees under Rule 11 for settling the Debtor's personal injury lawsuit, and then...
The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C....
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication. The BAP affirmed the bankruptcy court's...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 6 months ago
Citation:
In re Penrod, No. 13-16097 (9th Cir. Oct 1, 2015).
Ruling:
Under California’s reciprocal attorney-fee statute, a chapter 13 debtor who prevailed in litigation regarding the § 1325(a) hanging paragraph may recover attorney fees from the creditor.
Judge(s):
Susan P. Graber and Paul J. Watford, Circuit Judges, and Ronald Lee Gilman, Senior Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 6 months ago
Citation:
In re Lakhany, No. CC-14-1486-BrDKi (9th Cir. B.A.P. Sep. 28, 2015).
Ruling:
A creditor without notice of a chapter 7 case may bring a § 523 action after the deadline applicable to creditors with notice—and after case closure. A closed case need not be reopened before a...
Judge(s):
Randall L. Dunn and Ralph B. Kirscher, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation. Opinion by Judge Brandt.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 6 months ago
Citation:
In the Matter of Tower Park Properties, LLC, No. 13-56045 (9th Cir. Sep. 28, 2015).
Ruling:
A trust beneficiary lacks standing to oppose a settlement between the trust and a bankruptcy estate.
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges, and Elizabeth E. Foote, District Judge for the Western District of Louisiana, sitting by designation. Opinion by Judge Bybee.
In the ruling, determined not to be appropriate for publication, by the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court's nondischargeability judgment...
Judge(s):
Honorable KURTZ, PERRIS and TAYLOR, Bankruptcy Judges.
JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.; Southwest Value Partners Fund XV, LLP; SWVP LA Paloma LLC; SWVP Hilton Head, LLC (In re Transwest Resort Properties, Inc.), -- F.3d. -- (9th CA September 15, 2015)
Ruling:
The Ninth Circuit Court of Appeal ("Panel") withdrew its Opinion and Dissent filed on July 1, 2015, appearing at 791 F.3d 114. Even though the Chapter 11 plan had been implemented, a lender's...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
