Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 1 month ago
Citation:
Cummings v. UST, Phoenix (In re Cummings), 9th Circuit Court of Appeals No. 12-60077, February 10, 2015 [Not for publication]
Ruling:
The 9th Circuit affirmed the bankruptcy court’s order denying the debtors' discharge on the ground that the debtors made false oaths within the meaning of section 727(a)(4)(A), when the debtors...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and DEARIE, Senior District Judge.
Blixseth v. Glasser (In re Yellowstone Mountain Club, LLC), No. 13-35113 (9th Cir. Feb. 11, 2015)
Ruling:
In an unpublished decision, the 9th Circuit affirmed the U.S. District Court for the District of Montana, who had affirmed the U.S. Bankruptcy Court for the District of Montana, and ruled that the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 1 month ago
Citation:
In re Marlow Manor Downtown, LLC, No. AK-14-1122-JuKiKu (9th Cir. B.A.P. Feb. 6, 2015).
Ruling:
A chapter 11 debtor’s plan may not classify an under-secured creditor’s claim as entirely secured unless the creditor itself makes the section 1111(b)(2) election. (Not-for-publication...
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Frank L. Kurtz, Bankruptcy Judges.
The BAP affirmed the bankruptcy court judgment denying the Debtor’s discharge pursuant to § 727(a)(2)(A) because he transferred property with the intent to hinder, delay, or defraud his...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 1 month ago
Citation:
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
9th Circuit Bankruptcy Appellate Panel Nos. CC-14-1175-KuPaTa and CC-14-1224-KuPaTa
Ruling:
In the unpublished decisions, the 9th Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's ruling holding creditor Stephen Fade ("Faden") in contempt based on Faden knowing a...
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not...
Judge(s):
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
Ruling:
REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the...
Dymon Investments, Inc. v. Welch (In re Welch), BAP No. NV-14-1079-HlPaJu (Jan. 5, 2015)
Ruling:
AFFIRMING the decision below, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court did not abuse its discretion when it denied creditors' motion to reopen a closed...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
