The Court of Appeals for the Ninth Circuit, amending its opinion dated February 18, 2014, AFFIRMED the decision of the district court, and denied debtor's petition for a rehearing.
Judge(s):
J. Clifford Wallace, Sandra S. Ikuta, and Marvin J. Garbis.
Gonzales v. Shotgun Creek Las Vegas, et al., Nos.: 12-16302 & 13-16015 (9th Cir. Jun. 4, 2014)
Ruling:
The Ninth Circuit affirmed the decision of Judge Robert C. Jones from the District Court for the District of Nevada that: (1) the parties to a settlement agreement did not intend for a parcel...
Judge(s):
Judge Mary M. Schroeder, U.S. Court of Appeals for the Ninth Circuit;
Judge Consuleo Maria Callahan, U.S. Court of Appeals for the Ninth Circuit;
Robert W. Pratt, U.S. District Court for the Southern District of Iowa, sitting by designation.
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
11 years 10 months ago
Citation:
Burton v. Infinity Capital Management, et al., Case No. 12-15618 (9th Cir. June 4, 2014)
Ruling:
The Ninth Circuit Court of Appeals affirmed the district court's denial of summary judgment, holding that an attorney who prepared an order to show cause at the request of a judge is not entitled...
Judge(s):
Sidney R. Thomas and Johnnie B. Rawlinson, Ninth Circuit Judges, and Ronald Lee Gilman, Senior Sixth Circuit Judge (sitting by designation).
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court’s determination that the creditors’ claims are excepted from discharge under 11 U.S.C. § 523(a)(2)(A). The BAP further...
Judge(s):
The Honorable Randall L. Dunn, the Honorable Ralph B. Kirscher, and the Honorable Jim D. Pappas
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
11 years 11 months ago
Citation:
Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)
Ruling:
The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the...
Summarized by Martha Lowe , American Bankruptcy Institute
11 years 11 months ago
Citation:
Los Feliz Ford, Inc. dba Star Chrysler Jeep v. Chrysler Group, LLC & the U.S., No. 12-56082 (9th Cir. April 24, 2014)
Ruling:
The 9th Circuit affirmed in part, reversed in part, vacated in part, and remanded following review of the district court's grant of summary judgment to Chrysler Group LLC ("Chrysler"). The 9th...
BAP No. CC-13-1086 (April 23, 2014) (Not for Publication)
Ruling:
A party cannot assert improper service as a defense on appeal if it was never raised before the bankruptcy court. Further, a bankruptcy court is not required to hold a hearing if the notice period...
Judge(s):
Honorable Deborah J. Saltzman Presiding; Before Dunn, Pappas and Kirscher, Bankruptcy Judges
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
11 years 11 months ago
Citation:
FDIC v. Siegel (In re IndyMac Bancorp, Inc.), No. 12-56218 (9th Cir. Apr. 21, 2014)
Ruling:
The Ninth Circuit affirmed the district and bankruptcy courts' decision determining that over $55 million in tax refunds were property of IndyMac's Bancorp, Inc.’s (the “Debtor”) estate. In...
Judge(s):
Fernandez, N.R. Smith, and Murguia, Circuit Judges
Affirming the bankruptcy court, the Bankruptcy Panel of the Ninth Circuit held that the bankruptcy court did not commit error in denying the debtor's discharge under section 727(a)(3) of the...
