Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)
Ruling:
"Related to" jurisdiction exists when there is a close nexus between the bankruptcy plan and a mandamus petition. A close nexus exists when resolution of mandamus petition requires court to...
Judge(s):
Pregerson and Wardlaw, Circuit Judges, and Burrell, Senior District Judge sitting by designation.
In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney fees) the judgment...
BAP No. NV-13-1261-KiJuTa (B.A.P. 9th Cir. Aug. 6, 2014)
Ruling:
REVERSING the bankruptcy court's order awarding sanctions, the Bankruptcy Appellate Panel of the Ninth Circuit held that the bankruptcy court erred when it (a) found that appellants had willfully...
Kapnick v. Schoenmann (in re Kostlan), AP No. 13-1506 (9th Cir. BAP, Aug, 4, 2014) (unpublished).
Ruling:
The order of the bankruptcy court is VACATED, and the matter is REMANDED for the bankruptcy court to make a co-liability determination as a required element under 11 USC 502 (e) (1) (B).
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 8 months ago
Citation:
Robert H. Schuller et al. v. Karen Sue Naylor (Matter of Crystal Cathedral Ministries), No. 13-56039 (9th Cir. Aug. 4, 2014).
Ruling:
The claim of a former pastor of the debtor church was a claim for damages resulting from termination of an employment agreement and thus limited in amount by section 502(b)(7). (Not-for-publication...
Judge(s):
Harry Pregerson, Stephen Reinhardt (dissenting), and Jacqueline H. Nguyen, Circuit Judges.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Vidov v. Marshak (In re Vidov), 9th Cir. B.A.P., CC-13-1421-KuB1Pa, CC-13-1466-KuB1Pa, (2014) [Not for Publication]
Ruling:
In an unpublished opinion, the bankruptcy appellate panel affirmed the bankruptcy court’s summary judgment ruling. The bankruptcy court ruled that most of the alleged misrepresentations,...
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 8 months ago
Citation:
9th Cir., August 1, 2014 (No. 12-15186)
Ruling:
The Ninth Circuit amended its opinion dated July 18, 2014, at footnote 1, to state that it need not decide whether the bankruptcy court had the power to enter final judgment because the district...
Judge(s):
Stephen S. Trott, Sidney R. Thomas,and Mary H. Murguia, Circuit Judges
The panel affirmed the bankruptcy court's allowance and authorization to pay pro rata the final fees and costs of the estate's professionals over the objection of the Debtor in various stages of...
Judge(s):
Honorable Judges Randall Dunn, Ralph Kirscher and Laura Taylor.
