The Ninth Circuit affirmed the Bankruptcy Appellate Panel's ruling that the Debtor's exemption claim under California's homestead exemption laws does not apply to the Debtor when (1) the Debtor did...
Judge(s):
Before: SCHROEDER and IKUTA, Circuit Judges, and and SEABRIGHT, District Court Judge for the District of Hawaii (sitting by designation).
Sangha v. Schrader (In re Sangha), BAP No. CC-14-1397-PaKiTa (BAP 9th Cir. June 11, 2015)
Ruling:
The BAP for the 9th Circuit reversed and remanded the bankruptcy court (C.D. Cal.), which had granted summary judgment on a creditor's 523(a)(6) nondischargeability claim after applying collateral...
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling:
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note...
Ninth Circuit Bankruptcy Appellate Panel Case Nos. EC-14-1195-PaJuKu and EC-14-1273-PaJuKu (June 12, 2015)
Ruling:
In the unpublished ruling from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court on the basis that Charles Siller ("Siller") was the principal of the...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
10 years 11 months ago
Citation:
9th Cir. No. 13-15432 (June 12, 2015)
Ruling:
Chapter 7 trustee must obtain a court order authorizing the payment of federal income taxes as an administrative expense under § 503(b), after notice to creditors. Creditors' objection to Final...
Judge(s):
J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.
Creditor, who obtained state court judgment ("Judgment") against the Debtor for financial elder abuse, was not entitled to summary judgment on her Section 523(a)(6) claim for willful and malicious...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 11 months ago
Citation:
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling:
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the...
Judge(s):
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
Northbay Wellness Group, Inc. v. Beyries, No. 13-17381 (9th Cir. June 5, 2015)
Ruling:
REVERSING the district court's affirmance of the bankruptcy court's conclusion that a judgment debt was non-dischargeable under section 523(a)(4) of the Bankruptcy Code, the Ninth Circuit Court of...
Judge(s):
Milan D. Smith, Jr., Jacqueline H. Nguyen, and Michelle T. Friedland, Circuit Judges
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 1 day ago
Citation:
BAP No. CC-14-1010
Ruling:
Decision of bankruptcy court that debtor's debt to plaintiff was non-dischargeable because the debtor willfully and maliciously injured the plaintiff when she transferred property to allegedly...
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
