Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 6 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...
In re Hardcastle, No. EC-13-1072-PaJuKi (9th Cir. B.A.P. Nov. 7, 2013).
Ruling:
A collateral-valuation order determining that a claim must be treated as an unsecured claim in any chapter 13 plan requires that the claim be treated as an allowed unsecured claim, even if the...
Judge(s):
Pappas, Jury, and Kirscher, Bankruptcy Appellate Panel Judges.
The Bankruptcy Appellate Panel held that (i) FFO failed to meet the fraud standard because it did not allege that the fraud occurred at the time the transaction was entered into with the Debtor,...
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
Foreclosure of real property was in violation of automatic stay where chapter 7 trustee abandoned real property but bankruptcy case was still open and creditor had not obtained relief from stay. ...
In the unpublished decision, the BAP affirmed the bankruptcy court’s order denying his motion for leave to file a late proof of claim (POC) and a complaint for 11 U.S.C. § 523...
In re Plant Insulation Co., --F.3d--, 2013 WL 5779568 (Oct. 28, 2013 9th Cir.)
Ruling:
The Ninth Circuit Court of Appeals held that because the Debtors' plan of reorganization did not call for the Trust to control the reorganized debtor either after confirmation or at any point where...
The BAP first found the appeal of the adversary proceeding was not moot even though the Debtor's main case had previously been dismissed. The BAP moreover found that whereas the completed...
Bershadskiy v. Rodeo Realty, Inc. (In re Bershadskiy), No. CC-12-1452-TaKuKi (9th Cir. B.A.P. Oct. 15, 2013)
Ruling:
According to this not-for-publication decision of the 9th Circuit B.A.P., if a debtor sells real property after canceling a listing agreement and without disclosing the sale to the broker, the...
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Ralph B. Kirscher, Bankruptcy Judges.
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 7 months ago
Citation:
Grogan v. Harvest Capital Company, et al. (In re Grogan), B.A.P. No. OR-12-1483 (9th Cir. B.A.P., October 15, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed the entry of partial judgment by the Bankruptcy Court, construing the Appellees' security agreements as...
