In the issue of first impression before the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP reversed and remanded the bankruptcy court's order denying the Chapter 13 Debtors motion to...
Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)
Ruling:
Trustee failed to demonstrate a fraudulent transfer where Defendant bank had no dominion over the money transferred from Debtor and was therefore not an initial transferee; bank was not an entity...
Judge(s):
NGUYEN and FRIEDLAND, Circuit Judges and CARNEY District Judge sitting by designation.
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") ruling deemed not appropriate for publication, the BAP dismissed the appeal as moot. During the pending appeal, the Debtor's Chapter 11...
Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...
Cline v. Ford (In re Cline), BAP No. AZ-14-1503-PaJuKi (B.A.P. 9th Cir. June 30, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not err in sustaining the trustee's objection to the debtors' claimed...
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan...
Judge(s):
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 11 months ago
Citation:
In re Watson, BAP No. CC-14-1351-DTaKu (9th Cir. B.A.P. June 25, 2015).
Ruling:
The bankruptcy court properly exercised its discretion to approve retroactively a chapter 7 trustee’s employment of a law firm. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") entered it Memorandum opinion without the submittal of oral argument and determined it was not appropriate for publication. The Debtor did not...
