In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not clearly err when it found that a debtor's...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 1 month ago
Citation:
BAP No. NV-13-1034-TaJuKi, February 18, 2014
Ruling:
The BAP held that a debtor was entitled to its full reasonable attorneys fees of $8,456.30 under § 523(d) for defending a § 523(a)(2) nondischargeability action on a consumer debt, and reversed...
In an unpublished opinion, the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the holding of the United States Bankruptcy Court for the District of Arizona, finding that: a)...
Judge(s):
Honorable Judge Jim D. Pappas, Honorable Judge Frank L. Kurtz and Honorable Judge Randall L. Dunn
The bankruptcy judge properly denied a recusal motion. Alleged ex parte communications by the judge were not improper; the judge did not act out of an improper or corrupt motive; and the judge did...
Bonnett v. Gillespie (In re Irish Pub-Arrowhead, LLC), Case Nos. 13-1024, 13-1043 (9th Cir. BAP Feb. 6, 2014) [Not for Publication]
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court on appeal. The BAP explained that the appeal was not moot because the subject sale transaction was not so complex that it would be difficult to...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 1 month ago
Citation:
Jones v. Mullen (In re Jones), BAP No. AZ-12-1644-DPaKu (B.A.P. 9th Cir. Feb. 5, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s order approving the Chapter 7 Trustee’s sale of real property transferred to Debtor post-petition upon the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 1 month ago
Citation:
In Re Dale, 9th Cir. B.A.P., AZ-13-1251-DPaKu, (Feb. 5, 2014)
Ruling:
In a published opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy court ruling that an inheritance received by the debtor, 180 days following the petition date but prior to...
Vacated and remanded, to give Appellant opportunity to meaningfully and timely respond to the court's concerns as to the reasonableness of the requested fees.
In the published case the Ninth Circuit Court of Appeals determined that the case was suitable for decisions without oral argument. The Ninth Circuit Court of appeals affirmed the transferor...
BAP No. NV-13-1325-JuKiTa; Bk No 13-13792-LBR (not for publication)
Ruling:
The Ninth Circuit BAP reversed the Bankruptcy Court’s decision in granting the Debtor’s motion to dismiss her chapter 7 case, vacated the dismissal order and remanded the case to the Bankruptcy...