Reish v. Phoenix Heliparts, Inc. (In re Phoenix Heliparts Inc.)

Citation:
AZ-17-1162-BLKu (9th Circuit, May 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court did not have subject matter jurisdiction over a dispute between the liquidating trustee for a bankruptcy estate and a third party which claimed ownership of property formerly...
Judge(s):
BRAND, LAFFERTY and KURTZ, Bankruptcy Judges
Tag(s):

Lee v. Field

Citation:
No. 15-17451 (9th Circuit, May 07,2018) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of...
Judge(s):
O'Scannlain, Clifton, Ikuta
Tag(s):

IN RE WESTWOOD PLAZA NORTH

Citation:
No. 17-55655 (9th Circuit, May 01,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request...
Judge(s):
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford
Tag(s):

Boruff v. Cook Inlet Energy LLC

Citation:
AK-17-1285-JuBL (9th Circuit, Apr 24,2018) Published
Case Status:
Affirmed
Ruling:
The amount of compensation determined under a prepetition employment contract that is rejected is not presumptive evidence for the officer's or employee's section 506(b)(1)(A)(i) administrative...
Judge(s):
JURY*, BRAND, and LAFFERTY (*sitting by assignment)
Tag(s):

Lorenzen v. Taggart

Citation:
16-35402 (9th Circuit, Apr 23,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court abused its discretion by concluding creditors knowingly violated the discharge injunction because a belief, even an unreasonable one, the discharge injunction did not apply...
Judge(s):
Edward Leavy, Richard A. Paez, and Carlos T. Bea
Tag(s):

In re Hamilton

Citation:
BAP No. SC-17-1126-FBL & SC-17-1223-FBL (9th Circuit, Apr 17,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
Judge(s):
Faris, Brand, Lafferty
Tag(s):

Phillips v. Gilman

Citation:
16-55436 (9th Circuit, Apr 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Tag(s):

Johnson v. W3 Investment Partners, LP

Citation:
BAP No. SC-17-1194-LBF (9th Circuit, Apr 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed summary judgment entered by bankruptcy court (SD Cal.) on 523(a)(2)(A) claim. Bankruptcy court properly gave preclusive effect to prepetition stipulated judgment. BAP...
Judge(s):
Lafferty, Brand, Faris
Tag(s):

Fitzhugh v. Birdsell

Citation:
AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
Judge(s):
Brand, Lafferty, Kurtz
Tag(s):

Lewis v. Kaelin (In re Cresta Technology Corp.)

Citation:
NC-17-1186-BSTa (9th Circuit, Apr 06,2018) Published
Case Status:
Affirmed
Ruling:
An ordinary check delivered to the creditor pre-petition, but honored post-petition, was transferred on the date of honor for purposes of § 549(a).
Judge(s):
Brand, Spraker, and Taylor
Tag(s):

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