In an unpublished decision, the 9th Circuit BAP affirmed the ruling of the Bankruptcy Court for the Central District of California that the moneys received from the sale of estate assets subject to...
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
Miller v. Reaves (in re Miller), BAP No. AZ-13-1307-JuKiD (B.A.P. 9th Cir. Dec. 5, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order granting the chapter 7 trustee's motion seeking to revoke the section 554(c) technical abandonment of...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 3 months ago
Citation:
In re The Mortgage Store, Inc., No. 13-16020 (9th Cir. Dec. 5, 2014).
Ruling:
An initial transferee under § 550(a)(1) is one who has “dominion” over the transferred property by both holding legal title to the property and having the ability to use it as the transferee...
Judge(s):
A. Wallace Tashima, Johnnie B. Rawlinson, and Richard R. Clifton, Circuit Judges.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 4 months ago
Citation:
NC-13-4615
Ruling:
Ninth Circuit BAP affirmed in part and reversed in part bankruptcy court's order dismissing debtors' second amended complaint against the bank challenging the mortgage on the debtors' property. The...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 months ago
Citation:
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and...
Clear error is not demonstrated by pointing to conflicting evidence in the record.
Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling:
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction...
Aspen Skiing Co. v. Cherrett (In re Cherrett), BAP No. CC-14-1056-DKiTa (B.A.P. 9th Cir. Nov. 7, 2014)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit determined that (1) the order denying the section 707(b) motion to dismiss was a final order that could be...
