Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 7 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.
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The Ninth Circuit Bankruptcy Appellate ("BAP") entered its unpublished opinion affirming the bankruptcy court's decision denying Sally J. Brandenfels' ("Debtor") discharge pursuant to 11 U.S.C....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Bankruptcy Appellate Panel ("BAP") determined its decision was appropriate for submission without oral argument, and not for publication.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 8 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 8 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 8 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.
