Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 2 months ago
Citation:
DeNoce v. Neff, et. al. (In re Neff), B.A.P. No. CC-13-1041 (9th Cir. B.A.P., February 4, 2014)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the order of the Bankruptcy Court granting the Debtor partial summary judgment and holding that the one-year "lookback period" of...
Roque v. Yniguez (In re Yniguez), BAP No. EC-13-1048-KiPaJu (B.A.P. 9th Cir., Jan. 31, 2014)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("9th Cir. BAP"), in an opinion labeled "not for publication," affirmed orders of the United States Bankruptcy Court for the...
Summarized by Albert Sheen , U.S. Bankruptcy Court
12 years 2 months ago
Citation:
Wank et al. v. Gordon et al. (In re Wank), B.A.P. No. CC-13-1137-PaKuBa (9th Cir. B.A.P. Jan. 29, 2014)
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel vacated the order granting summary judgment and remanded to the Bankruptcy Court, holding as follows. First, because prepetition waivers of discharge...
Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
Ruling:
The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the...
Affirmed bankruptcy court ruling that granted summary judgment to the debtor; ruling that attorney's fees owed jointly and severally by the debtor and her husband to the husband's ex-wife and the...
In order to be non-dischargeable under 523(a)(5) or 523(a)(15), the debt must be owed to or recoverable by a spouse, former, spouse, or child of the debtor. The Gunness court found the plain...
The Ninth Circuit reversed and remanded for new trial the District Court’s granting judgment in favor of the bankruptcy trustee against a blogger on one count for defamation, and affirmed the...
Paulson v. Go Global, Inc. (In re Go Global, Inc.), 2014 Bankr. LEXIS 121 (B.A.P. 9th Cir. Jan. 13, 2014)
Ruling:
In an opinion marked "not suitable for publication," the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir.") affirmed the decision of the United States Bankruptcy...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 2 months ago
Citation:
In re Hudson, No. CC-13-1264-BaPaKu (9th Cir. B.A.P. Jan. 14, 2014).
Ruling:
An exhibit attached to a declaration, not made by the declarant, was inadmissible under the business-records hearsay-rule exception because the declaration did not state that (1) the declarant kept...
Judge(s):
Eddward P. Ballinger, Jr. (Bankruptcy Judge for the District of Arizona, sitting by designation), Pappas, and Kurtz.
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
