Flores v. Salven (In re DDJ, Inc.), BAP Nos. EC-13-1409-KuPaJu & EC-13-1410-KuPaJu (BAP 9th Cir. May 29, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court's (ED Cal.) order overruling creditors' objection to chapter 7 trustee's final report. Creditors failed to comply with vexatious litigants...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
10 years 10 months ago
Citation:
9th Cir. BAP No. NC-14-1376-DKiTa (May 29, 2015)
Ruling:
Chapter 13 Plan, which did not commence payment to creditors secured by personal property until month 7 of the plan, in order to allow Debtor's attorneys fees to be paid first, was properly...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") addressed two issues in the unpublished opinion. First, whether Chapter 7 Trustee's ("Trustee") realtor was required to file a written report...
9th Cir. Case No. 13-55691 (May 26, 2015). Not for publication.
Ruling:
Bankruptcy court properly concluded that parts of debt were not excepted from discharge under § 523(a)(4) or (6) and prejudgment interest on the nondischargeable amounts was properly calculated in...
In an unpublished opinion, the 9th Circuit B.A.P. affirmed the Bankruptcy Court's order dismissing for cause a reopened Chapter 11 case after the debtors failed to pay several creditors despite...
The Bankruptcy Appeals Panel ("BAP") upheld the Bankruptcy Court's ruling that the Debtor's debt in relation to Plaintiff was excepted under 11 USC 523(a)(6) regarding judgments that were obtained...
Mandatory Victims Restitution Act (MVRA) overrides the operation of the automatic stay. MVRA provides that "[n]otwithstanding any other Federal law, ... [the United States may enforce a judgment...
Villalon v. Burchard (In re Villalon), Case No. 14-1414 (9th Cir. B.A.P. May 22, 2015) (unpublished).
Ruling:
The bankruptcy court did not abuse its discretion in dismissing Debtor's chapter 13 case, as Debtor imposed prejudicial, unreasonable delay on a creditor and failed to make timely payments.
Hujazi v. Wirum (In re North Oxford Bright Horizons Group, LLC), BAP No. NC-14-1030-TaDKi (B.A.P. 9th Cir. May 22, 2015)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that (1) debtor's affiliate was a "person aggrieved" and therefore had standing to appeal from the final...
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order denying the Steven J. Savage's ("Debtor") motion for attorneys fees related...
