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Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 5 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 AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]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The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 11 years 5 months ago
Citation:
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling:
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in...
Judge(s):
Vincent Zurzolo
Tag(s):

The Zuercher Trust of 1999 v. Kravitz (In re The Zuercher Trust of 1999)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 5 months ago
Citation:
In re The Zuercher Trust of 1999, No. NC-13-1299-PaJuKu (9th Cir. B.A.P. Dec. 17, 2014).
Ruling:
The appeal of a sale-approval order is not equitably moot if the buyer is before the court and the sale can be unwound equitably. Allegations of events occurring after bankruptcy-court approval of...
Judge(s):
Jim D. Pappas, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Aguilar v. Ocwen Loan Servicing, LLC (In re Aguilar)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 5 months ago
Citation:
BAP Nos. CC-14-1017-PaTaKu; CC-14-1073-PaTaKu (unpublished)
Ruling:
In an unpublished decision, the BAP found dismissal of an adversary proceeding brought by a Chapter 7 debtor was proper under Rule 12(b)(6) because a Chapter 7 debtor lacks standing to assert...
Judge(s):
PAPPS, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Elliott v. Weil (In re Elliott)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 5 months ago
Citation:
BAP Case Nos. CC-14-1050-KiTaD and CC-14-1059-KiTaD
Ruling:
The BAP held the Supreme Court's recent decision in Law v. Siegel, 134 S.Ct. 1188 (2014) prohibits a bankruptcy court from denying a debtor's claimed exemption (or amendment to an exemption) on the...
Judge(s):
Kirscher, Taylor, and Dunn. Opinion by Judge Kirscher.
Tag(s):

Skinner v. Huggins (In re Skinner)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 5 months ago
Citation:
Skinner v. Huggins, BAP No. AZ-13-1445-DJuKi (BAP 9th Cir. Dec. 10, 2014)
Ruling:
The BAP for the Ninth Circuit affirmed the bankruptcy court (D. Arizona) judgment in favor of creditor on 11 USC 523(a)(2)(A) dischargeability claim, and affirmed bankruptcy court's finding that...
Judge(s):
Dunn, Jury, and Kirscher
Tag(s):

Khan v. Barton (In re Khan)

Citation:
Khan v. Barton (In re Khan), BAP Nos. CC-14-1021-TaDKi, CC-14-1041-TaDKi, CC-14-1062-TaDKi (B.A.P. 9th Cir. Dec. 9, 2014)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that mandatory subordination of creditor's claims was not required and that the bankruptcy court did not err...
Judge(s):
TAYLOR, DUNN, KIRSCHER
Tag(s):

Gray v. Warfield (In re Gray)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 5 months ago
Citation:
Gray v. Warfield (In re Gray), BAP No. AZ-13-1502-JuKiD (BAP 9th Cir. 2014)
Ruling:
The 9th Cir. BAP, applying Law v. Siegel, 134 S. Ct. 1188 (2014), ruled that the bankruptcy court has no discretion to deny a debtor's claimed exemptions based on a finding that debtors amended...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

Sullivan v. Harnisch (In re Sullivan)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 5 months ago
Citation:
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling:
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the...
Judge(s):
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Tag(s):

Banner Bank v. Johns (In re Johns)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 5 months ago
Citation:
9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...
Judge(s):
Hon. Kirscher, Dunn, and Jury
Tag(s):

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