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
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling:
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
The Ninth Circuit dismissed for lack of jurisdiction (lack of finality) an appeal and a cross-appeal from a district court’s order affirming in part and remanding in part for further factual...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In re Pham, No. CC-14-1342-KiBrD (9th Cir. B.A.P. Sep. 2, 2015).
Ruling:
The bankruptcy court could not rely on three local bankruptcy rules of the Central District of California to impose discovery sanctions on nonparties and their lawyer.
Judge(s):
Ralph B. Kirscher and Randall L. Dunn, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 8 months ago
Citation:
In re Lopez, No. CC-14-1450-TaKuPe (9th Cir. B.A.P. Sep. 3, 2015).
Ruling:
Debtor’s receipt of workers’ compensation disability benefits did not by itself establish her disability entitling her to a California enhanced homestead exemption. Unpublished memorandum.
Judge(s):
Laura S. Taylor and Frank L. Kurtz, Bankruptcy Judges, and Elizabeth L. Perris, United States Bankruptcy Judge for the District of Oregon, sitting by designation.
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Bank held a 2nd position deed of trust and filed a secured proof of claim. It later became clear the lien had no value, and it was a solvent estate. The Bank made a motion under § 506(a) seeking...
9th Circuit Bankruptcy Appellate Panel Case No. CC-14-1316-KiTaPa (August 26, 2015) - Not for Publication
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's order and judgment excepting certain debts of the Debtor. To establish an exception from discharge the plaintiff...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 9 months ago
Citation:
In re Ferrante, No. CC-14-1222-KiTaPa (9th Cir. B.A.P. Aug. 26, 2015).
Ruling:
A qualified personal residence trust (“QPRT”) fails, and its assets revert to the grantor and become property of the estate upon the grantor’s bankruptcy, if the trust contains a prohibited...
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Jim D. Pappas, Bankruptcy Judges.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 9 months ago
Citation:
Latus v. Shumate Spokane, LLC (In re Shumate Spokane, LLC), BAP No. EW-14-1302-TaPaJu, 2015 WL 5013358 (B.A.P. 9th Cir. Aug. 25, 2015)
Ruling:
Affirming the bankruptcy court, the Bankruptcy Appellate Panel for the Ninth Circuit held that (1) the debtor’s former employees’ claim seeking to surcharge the debtor’s secured lenders under...
