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Kenny G Enterprises v. Casey (In re Kenny G Enterprises)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 9 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9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)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...
Judge(s):
KIRSCHER, TAYLOR and PAPPAS, Bankruptcy Judges.
Tag(s):

Meruelo v. Reorganized Meruelo Maddux Prop., Inc. (In re Meruelo Maddux Prop., Inc.)

Citation:
9th Circuit BAP No. CC-13-1494-KiTaD (August 26, 2014)
Ruling:
The BAP VACATED the order of the bankruptcy court for abuse of discretion in applying the "reasonableness" standard under Section 502(b)(4) to a post-petition claim for administrative expense based...
Judge(s):
Kirscher, Taylor, and Dunn
Tag(s):

Kallman & Co. v. Gottlieb (In re Lewis)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 11 years 9 months ago
Citation:
Kallman & Co. v. Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi, 2014 WL 4099248, --- B.R. --- (B.A.P. 9th Cir. Aug. 20, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Tag(s):

Gutierrez v. Coker (In re Gutierrez)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 9 months ago
Citation:
Gutierrez v. Coker (In re Gutierrez), 9th Cir. B.A.P., NC-13-1469-DJuKu, August 19, 2014 [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the order of the bankruptcy court denying the motion for contempt for violation of the discharge injunction...
Judge(s):
DUNN, JURY and KURTZ, Bankruptcy Judges.
Tag(s):

Gronlund v. Anderson (In re Gronlund)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 9 months ago
Citation:
9th Cir. BAP No. CC-13-1566-KiTaPa (August 19, 2014)
Ruling:
In the unpublished decisions, the 9th Cir. BAP held that its review of the bankruptcy court's ruling was limited to determining whether the bankruptcy court's finding's were illogical, implausible,...
Judge(s):
Hon. Kirscher, Taylor, and Pappas
Tag(s):

Diatom, LLC v. Committee of Creditors Holding (In re Gentile Family Indust)

Citation:
Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1563-KiTaD (August 19, 2014)
Ruling:
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
Judge(s):
Kirscher, Taylor and Dunn
Tag(s):

Haag v. Northwestern Bank (In re Haag)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 11 years 9 months ago
Citation:
9th Cir. (No. 12-60074), August 20, 2014 (unpublished)
Ruling:
Bankruptcy court did not err when it denied Debtors' discharge under Section 727(a)(2) where Debtors stated they had moved $120,000 into a safe deposit box "to avoid the prying eyes and aggressive...
Judge(s):
HAWKINS, THOMAS, and McKEOWN, Circuit Judges
Tag(s):

Bagley v. U.S.A. (In re: Desert Capital Reit, Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 9 months ago
Citation:
Bagley v. U.S.A. (In re Desert Capital REIT, Inc.), BAP Nos. NV-13-1233-KiTaJu & NV-13-1250-KiTaJu (BAP 9th Cir. Aug. 11, 2014)
Ruling:
The 9th Circuit BAP affirmed the ruling of the U.S. Bankruptcy Court for the District of Nevada. The bankruptcy court properly granted the U.S. (IRS) summary judgment in allowing its claim. The...
Judge(s):
Kirscher, Taylor, Jury
Tag(s):

Toste v. Smedberg (In re Toste)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 9 months ago
Citation:
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling:
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s):
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

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