Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
11 years 8 months ago
Citation:
KVN Corporation, Inc. v. Green (In re KVN Corporation), B.A.P. No. NC-13-1318 (9th Cir. B.A.P., July 29, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit vacated and remanded the decision of the Bankruptcy Court denying approval of a carve out agreement between the Chapter 7 trustee and the secured...
Adopting in full the BAP opinion, In re Deitz,469 B.R. 11 (B.A.P. 9th Cir. 2012), the 9th Cir. affirmed the judgment of the bankruptcy court excepting debt from discharge pursuant to Section 523...
Judge(s):
Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 8 months ago
Citation:
12-1586
Ruling:
Post-petition state law actions against court appointed professionals are core proceedings and therefore the bankruptcy court can enter final judgment in such matters.
Ninth Circuit Case No. 12-60032 (July 16, 2014) (Unpublished)
Ruling:
A "transferee” under 11 U.S.C. § 550(a)(1) is one who has legal title to the funds and the ability to use them as the recipient sees fit. This is the "dominion test". Allegations of open and...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 9 months ago
Citation:
BAP E-13-1277-Ku (June 30, 2014) (Unpublished)
Ruling:
The 9th Cir. BAP affirmed summary judgment, and denial of reconsideration, in favor of foreclosing Creditor. The Debtor contended that a foreclosure sale of his residence occurred just after, not...
In the unpublished decision, the 9th Circuit BAP ruled that the bankruptcy court's order denying the debtor's discharge pursuant to 11 U.S.C. Sec. 727 did not make sufficient findings to support...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the ruling of the United States Bankruptcy Court for the Eastern District of California, denying the...
Judge(s):
Honorable Judge Frank L. Kurtz, Honorable Judge Meredith A. Jury, Honorable Laura S. Taylor
not available as of yet. cite as: Robinson v. Am. Home Mortg. Servicing, Inc. (In re Mortg. Elec. Registration Sys.), 2014 U.S. App. LEXIS 10934 (9th Cir. Ariz. June 12, 2014)
Ruling:
With the exception of Count I, which sought damages under Arizona's false documents statute, the Ninth Circuit upheld the dismissal of all causes of action on appeal that were raised in the...
Judge(s):
Circuit Judges A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen.
