America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 7 months ago
Citation:
Galloway v. Ford (In re Galloway), 9th Cir. B.A.P., (AZ-13-1085-PaKiTa) August 27, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling of the bankruptcy court which denied Debtors’ 2nd motion to dismiss their chapter 7 case as well as...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
11 years 7 months ago
Citation:
2014 WL 4179911 (9th Cir., Aug. 25, 2014)
Ruling:
Reversing and remanding the decision of the Bankruptcy Appellate Panel (the "BAP"), the Ninth Circuit held that the plain language of a settlement agreement between Appellant Racusin and Appellees...
Judge(s):
The Hon. Mary Margaret McKeown and The Hon. Richard R. Clifton, Circuit Judges, and The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 7 months ago
Citation:
Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).
Ruling:
A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating...
Judge(s):
Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.
In the unpublished opinion the BAP ruled that record supported the determination that Mychelle Moxley ("Moxley") did not diligently prosecute the asserted 11 U.S.C. Sec. 523 claims for relief, and...
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four...
Judge(s):
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Gould v. Red Hill Enterprises (In re Gould), BAP No. CC-13-1437-KiLaPa (BAP 9th Cir. Aug. 25, 2014)
Ruling:
The 9th Circuit BAP affirmed US Bankruptcy Court for the Central District of California's entry of summary judgment in favor of plaintiff in dischargeability suit on separate grounds, affirming...
Judge(s):
Kirscher, Latham, and Pappas (J. Latham sitting by designation).
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 7 months ago
Citation:
In re Seare, No. NV-13-1196-KiTaJu (9th Cir. B.A.P. Aug. 25, 2014).
Ruling:
The lawyer for a chapter 7 debtor was properly sanctioned for entering into a retainer agreement excluding dischargeability litigation without obtaining the debtor's informed consent to the exclusion.
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Judges.
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling:
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent...
Judge(s):
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 7 months ago
Citation:
9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)
Ruling:
The bankruptcy court's order converting a postconfirmation chapter 11 case to chapter 7 was affirmed: the bankruptcy court had power sua sponte to convert the case, the Debtor received sufficient...
