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Lil' Joe Records, Inc. v. Christopher Won, Jr., et al

Summarizing by Bradley Pearce

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Dye v. Sachs (In re Flashcom, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 8 months ago
Citation:
9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)
Ruling:
Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no...
Judge(s):
Honorable Kurtz, Davis, and Kirscher
Tag(s):

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

Citation:
AP No. CC-13-1571-DTaSp (B.A.P. 9th Cir., September 29, 2014) (NOT FOR PUBLICATION)
Ruling:
The B.A.P. AFFIRMED the bankruptcy court’s dismissal of the Plaintiff’s adversary proceeding against the Defendants. Only a trustee, can pursue claims on behalf of a bankruptcy estate. For a...
Judge(s):
Dunn, Taylor, and Spraker, U.S. Bankruptcy Appellate Panel Judges
Tag(s):

U.S.A. v. Federal Resources Corp.

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 8 months ago
Citation:
United States v. The Coeur D'Alenes Company, Case 12-36065 (9th Cir. September 16, 2014)
Ruling:
The district court did not abuse its discretion in failing to consider comparative fault and focusing solely on a company's limited ability to pay in assessing the fairness of a CERCLA consent...
Judge(s):
Circuit Judges A. Wallace Tashima and Mary H. Murguia; District Judge Cormac J. Carney, sitting by designation
Tag(s):

Hawkins, III v. The Franchise Tax Board of CA

Citation:
Hawkins, III v. The Franchise Tax Board of CA, BAP No. 11-16276 (9th Cir. Sept. 15, 2014)
Ruling:
REVERSED, and REMANDED. The "mere showing of spending in excess of income is not sufficient" to establish willfulness under 523(a)(1)(C), and the proper standard is whether Plaintiff's actions...
Judge(s):
Kleinfeld, Thomas, and Rawlinson (dissent).
Tag(s):

Debilio v. Golden (In re Debilio)

Citation:
Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1441-TaPaKi (September 11, 2014)
Ruling:
Order approving sale of assets by chapter 7 trustee to ex-wife of debtor vacated and remanded because the bankruptcy court failed to make any findings in support of the decision.
Judge(s):
Taylor, Pappas, and Kirscher
Tag(s):

Snowden v. Check into Cash of Washington, Inc

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 8 months ago
Citation:
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling:
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred...
Judge(s):
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Tag(s):

Cruz v. Stein Strauss Trust (In re Cruz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 9 months ago
Citation:
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling:
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it...
Judge(s):
Honorable KIRSCHER, TAYLOR and DUNN.
Tag(s):

Barragan v. Brazil (In re Barragan)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 9 months ago
Citation:
In re Barragan, BAP No. NC 13 1558 KuDJu (9th Cir. B.A.P. Aug. 26, 2014).
Ruling:
A bankruptcy court lacks jurisdiction over an adversary proceeding having no relation to a bankruptcy case pending when the complaint was filed, even if the plaintiff files a bankruptcy petition...
Judge(s):
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 9 months ago
Citation:
Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti), BAP No. CC-14-1019-TaPaKi (BAP 9th Cir. August 25, 2014)
Ruling:
BAP affirmed bankruptcy court's application of issue preclusion to certain issues from state court default judgment to motion for summary judgment, but reversed bankruptcy court's finding that...
Judge(s):
Taylor, Pappas, Kirscher
Tag(s):

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