Washington Group International, Inc. v. The United States of America (In re Washington Group International, Inc. et al.) BAP No. NV-12-1572-DKiCo
Ruling:
In the unpublished ruling, the 9th Circuit BAP affirmed Hon. Gregg W. Zive’s application of the 9th Circuit precedent as set forth in In re Cal. Dep’t of Health Svcs. V. Jensen (In re Jensen),...
Judge(s):
Dunn, Kirscher, and Collins (Hon. Daniel P. Collins sitting by designation)
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 8 months ago
Citation:
Perle v. Fiero (in re Perle), No. 11-60000, --- F.3d --- (9th Cir. Aug. 2, 2013)
Ruling:
Affirming the Bankruptcy Appellate Panel’s ruling that an arbitration debt was nondischargeable under 11 U.S.C. §§ 523(a)(3) and 523(a)(6), the Ninth Circuit held that a creditor’s challenge...
Judge(s):
Ikuta and Nguyen, Circuit Judges, and Burns, District Judge
In re Reno Snax Sales, LLC, (Reno Snax Sales, LLC v. Heritage Bank of Nevada) NV-12-1512-DKiCo, 9th Cir. B.A.P. (2013).
Ruling:
Heritage Bank was not required to comply with the notice provisions of N.R.S. 482.516 and Article 9 in order to assert a claim to recover any deficiency out of the Reno Snax sale proceeds,...
Kipperman v. IRS (In re 800Ideas.com, Inc.), Case No. 12-1496 (9th Cir. BAP July 22, 2013)
Ruling:
The Ninth Circuit BAP agreed with the bankruptcy court’s decision that the tax penalties were properly assessed because the trustee failed to demonstrate reasonable cause for his delay in filing...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 8 months ago
Citation:
9th Cir. July 25, 2013; No. 12-35135 (published)
Ruling:
The Ninth Circuit held that the 60-day time limit provided in Bankruptcy Rule 4007(c) for filing a nondischargeability complaint under 11 U.S.C. section 523 was improperly extended "sua sponte" by...
Judge(s):
Arthur L. Alarcon, M. Margaret McKeown, and Jacqueline H. Nguyen
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 8 months ago
Citation:
Ah Quin v. County of Kauai Dep’t of Transp., No. 10-16000 (9th Cir. July 24, 2013)
Ruling:
Judicial estoppel does not bar a debtor from prosecuting an unscheduled cause of action if, when completing the schedules, the debtor lacked the subjective intent to conceal.
Judge(s):
Susan P. Graber, Jay S. Bybee, and Morgan Christen, Circuit Judges. Opinion by Judge Graber; dissent by Judge Bybee.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 8 months ago
Citation:
(In re: RCS Capital Development) 9th Cir. B.A.P. No. AZ-12-1626-JuTaAh (July 16, 2013) NOT FOR PUBLICATION
Ruling:
Affirmed--In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel upheld the ruling by the bankruptcy court to confirm the Chapter 11 plan of RCS Capital Development. A.B.C. Learning...
Judge(s):
Bankruptcy Judges: Alan Ahart, Meredith Jury, Laura Taylor
A.B.C. Learning Centres Ltd.; ABC Developmental Learning Centers (USA), Inc., v. RCS Capital Development, LLC; American Childcare Properties, LLC; ACCP I, LLC., (In re: RCS Capital Development , LLC; American Childcare Properties, LLC; ACCP I, LLC) BAP No. AZ-12-1381-JuTaAh (2013)
Ruling:
B.A.P. AFFIRMS the bankruptcy court's ruling granting RCS's Motion for Summary Judgment which allows the setoff and denies ABC's cross MSJ. Additionally, the Court REVERSES and REMANDS the...
BAP No. AZ-12-1297-TaAhJu/Bk. No. 10-27593 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order granting the trustee's motion for summary judgment denying the debtor's discharge and remanded for further proceedings.
