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Thruston v. Reaves (In re Thruston)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 12 years 10 months ago
Citation:
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.
Judge(s):
TAYLOR, AHART and JURY, Bankruptcy Judges
Tag(s):

Alton v. KeyBank, N.A. (In re Powell's International, Inc.)

Citation:
Bk. No. 10-02965-GBN
Ruling:
The bankruptcy appellate panel found Non-Debtor Mr. Alton's appeals moot. While Alton may equitably be entitled to $126,000, there is no mechanism under the Code for satisfying his claim. Based...
Judge(s):
Taylor, Ahart, Jury
Tag(s):

Nichols v. Align Western States Learning Corp. (In re Nichols)

  • Summarized by Shara Cornell , McDonald Hopkins LLC
  • 12 years 10 months ago
Citation:
Nichols v. Align Western States Learning Corp. (In re Nichols), BAP No. AZ-12-1305 (9th Cir. BAP July 9, 2013)
Ruling:
(1) Debtors' due process rights were not violated by the bankruptcy court's prove-up procedure and subsequent oral ruling. (2) Bankruptcy court did not err in finding that a student loan debt was...
Judge(s):
Jury, Taylor and Ahart
Tag(s):

Francis v. McLaughlin (In re Francis)

  • Summarized by Lars Fuller , BakerHostetler
  • 12 years 10 months ago
Citation:
Francis v. McLaughlin et al. (In re Francis), Case No. AZ-12-1281 (BAP 9th Cir. July 12, 2013)
Ruling:
9th Circuit BAP affirmed in part, also vacating and remanding in part. In reviewing the grant of a motion for summary judgment on a dischargeability suit based upon the preclusive effect of an...
Judge(s):
Judges Ahart, Jury, and Taylor
Tag(s):

Perry v. Key Auto Recovery (In re Perry)

  • Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
  • 12 years 11 months ago
Citation:
2013 WL 3369310 (B.A.P. 9th Cir. July 2, 2013)
Ruling:
Affirming the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) held that the bankruptcy court did not abuse its discretion when it declined the debtor’s request for...
Judge(s):
Hon. Randall L. Dunn; Hon. Ralph B. Kirscher; Hon. Jim D. Pappas (U.S. Bankruptcy Appellate Panel, Ninth Circuit). Appeal from a ruling by Hon. Geraldine Mund (Bankruptcy Judge for the Central District of California)
Tag(s):

Weinstein v. Fox (In re Fox)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 12 years 11 months ago
Citation:
Weinstein v. Fox (In re Fox) - B.R. - (9th Cir. B.A.P. July 2, 2013)
Ruling:
The Ninth Circuit Bankruptcy Appeals Panel adopted the opinion of the Nevada Supreme Court, and reversed the bankruptcy court, holding that a Nevada debtor, who is subject to community property...
Judge(s):
Johnson, Jury and Hollowell, Bankruptcy Judges
Tag(s):

Hasse v. Rainsdon (In re Pringle)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 12 years 11 months ago
Citation:
No. 09-41653 (B.A.P. 9th Cir. July 2, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...
Judge(s):
Markell, Dunn and Jury, bankruptcy judges.
Tag(s):

Szanto v. Lewin (In re Lewin)

  • Summarized by Sevan Gorginian , ArentFox Schiff LLP
  • 12 years 11 months ago
Citation:
In re Lewin, BAP No. CC-12-1238-PaDKi (9th Cir. BAP, July 3, 2013) (Not for publication)
Ruling:
The 9th Circuit BAP VACATED and REMANDED the Bankruptcy Court Order, holding that appellant is a valid creditor in the debtor's bankruptcy case based upon holding a valid cause of action against...
Judge(s):
PAPPAS, DUNN, AND KIRSCHER, Bankruptcy Judges
Tag(s):

Rivera v. Wolkowitz (In re Barajas)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 11 months ago
Citation:
B.A.P. No. CC-12-1642 (9th Cir. B.A.P, July 3, 2013) (Not for Publication)
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the orders of the Bankruptcy Court for the Central District of California requiring the debtor's Chapter 11...
Judge(s):
Pappas, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Hamilton v. Charalambous (In re Charalambous)

Citation:
BAP No. CC-13-1042-PaDKi (B.A.P. 9th Cir. July 3, 2013)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order denying creditor-plaintiff's request for attorney's fees in connection with an adversary proceeding and...
Judge(s):
PAPPAS, DUNN, and KIRSCHER
Tag(s):

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