Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 3 months ago
Citation:
WW-12-1534
Ruling:
The Ninth Circuit B.A.P. affirmed the Bankruptcy Court's grant of summary judgment dismissing the complaint of the Debtor and the Trustee against Bank of America, its servicer and agent, and MERS....
Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)
Ruling:
First, with regards to the preference claim, the Ninth Circuit Court of Appeals affirmed the B.A.P.'s ruling that W&Y was not an insider because there was no indicia of control over Bella Vista to...
The 9th Cir. BAP AFFIRMED the bankruptcy court's judgment denying appellants' motion for new trial and granting judgment in debtors' favor. "[T]he bankruptcy court did not abuse its discretion...
Dzakula v. McHugh (In re Dzakula) - B.R. - (9th Cir. December 11, 2013)
Ruling:
The Ninth Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of California's ruling, applying the New Hampshire v. Maine Standards, that failure to disclose...
Judge(s):
Hawkins, Graber, and Christen (Writer), Circuit Judges
In re Atayde, 2013 WL 6439712 (9th Cir. BAP (Cal.))
Ruling:
The United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the holding of the United States District Court for the Central District of California, finding the lower court did not...
Judge(s):
Honorable Judge Charles E. Rendlen III and Honorable Maureen Tighe
BAP affirmed approval of compromise under FRBP 9019 between Chapter 7 Trustee and Secured Creditor in the amount of $550,000, holding that the bankruptcy court's findings that the settlement was...
Ninth Circuit Court of Appeals, No. 12-35665 (December 2, 2013)
Ruling:
A fraud that would have served as grounds for denying a chapter 7 discharge if it had been known at the time of the discharge can serve as grounds for the later revocation of that discharge.
Judge(s):
Milan D. Smith, Jr., Andrew D. Hurwitz, James C. Mahan
The Ninth Circuit BAP reversed the Bankruptcy Court’s ruling in the Western District of Washington. The BAP held that the Bankruptcy Court erred as a matter of law in determined that Washington...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 4 months ago
Citation:
In re Hazelrigg, 9th Cir. B.A.P., WW-13-1230-TaDJu (November 19, 2013) [NOT FOR PUBLICATION]
Ruling:
in an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court, to deny the debtor's (Thomas Hazelrigg) motion for reconsideration of the...
Judge(s):
Hon. Randall L. Dunn, Hon. Laura S. Taylor, Hon. Meredith A. Jury
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 4 months ago
Citation:
Magee v. Howe (In re Carlson), BAP No. WW-12-1522-KuDTa (BAP 9th Cir. Nov. 15, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s orders (1) imposing $2,685 in sanctions against the Debtor’s bankruptcy attorney and (2) denying the...
