Cole v. Bordeaux, LLP (In re Cole)

Citation:
BAP No. CC-17-1176-KuSA (9th Circuit, Dec 04,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP (9th Cir.) affirmed bankruptcy court (C.D. Cal.) order granting fee application for ch. 13 debtor's counsel over objection of ch. 13 debtor. Bankruptcy court neither abused discretion nor...
Judge(s):
Kurtz, Spraker, Alston
Tag(s):

Milby v. Templeton

Citation:
16-60022, 16-60023 (9th Circuit, Nov 21,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the BAP's decision (i) reversing the Bankruptcy Court's dismissal of the estate's fraudulent transfer claims as being time-barred, and (ii) affirming the Bankruptcy Court's dismissal of...
Judge(s):
Kim McLane Wardlaw, Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge
Tag(s):

Burdette v. Emerald Partners, LLC (In re Cascade Ag Services, Inc.)

Citation:
WW-17-1006-BKuF, WW-17-1007-BKuF (Cross-Appeals) (9th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
Judge(s):
BRAND, KURTZ, FARIS
Tag(s):

Chen v. U.S. Trustee (In re Chen)

Citation:
WW-17-1067-KuFB (9th Circuit, Oct 17,2017) Not Published
Case Status:
Affirmed
Ruling:
An individual's failure to keep records relating to alleged gambling debts and payments, the sale of her 2013 Lexus, and "millions in unexplained deposits and withdrawals into and out of [her] bank...
Judge(s):
KURTZ, FARIS, and BRAND, Bankruptcy Judges
Tag(s):

Aspen Skiing Co., v. Cherrett (In re Cherrett)

Citation:
14-60079 (9th Circuit, Oct 16,2017) Published
Case Status:
Affirmed
Ruling:
A bankruptcy court’s order denying a motion to dismiss under 11 U.S.C. § 707(b) constitutes a final, appealable order. Further, debts used to purchase homes are not consumer debts as defined in...
Judge(s):
Marsha S. Berzon, Morgan Christen, and Jacqueline H. Nguyen
Tag(s):

IN RE: WALLDESIGN, INC.

Citation:
15-56220 (9th Circuit, Oct 02,2017) Published
Case Status:
Affirmed
Ruling:
The appellants were deemed initial transferees and strictly liable for the return of the monies fraudulently transferred by the debtor.
Judge(s):
A. Wallace Tashima, Jacqueline H. Nguyen, Algenon L. Marbley
Tag(s):

PINNACLE RESTAURANT AT BIG SKY LLC V CH SP ACQUISITIONS LLC

Citation:
15-35572 (9th Circuit, Sep 12,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
Judge(s):
Kozinski, Fletcher, Block
Tag(s):

In re Escarcega, et al.

Citation:
NC-16-1333 through -1336, and NC-16-1358 (9th Circuit, Sep 06,2017) Published
Case Status:
Affirmed
Ruling:
In a lengthy opinion, the BAP: (1) held that (a) confirmed Chapter 13 plans could not cannot properly provide the debtors with the right to unilaterally modify the plan without notice and court...
Judge(s):
JURY, FARIS, BRAND, US Bankruptcy Judges
Tag(s):

Zazzali v. U.S.A. (In re DBSI, Inc.)

Citation:
16-35597 (9th Circuit, Aug 31,2017) Published
Case Status:
Affirmed
Ruling:
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
Judge(s):
Hawkins, Gould, Paez
Tag(s):

Donahue v. Poole (In re Poole)

Citation:
CC-16-1439-LTaKu (9th Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
Judge(s):
LAFFERTY, TAYLOR, KURTZ
Tag(s):

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