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...
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...
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...
Summarized by Hilda Montes de Oca , U.S. Bankruptcy Court, Central District of California
12 years 9 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)
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 9 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...
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...
In re Lewin, BAP No. CC-12-1238-PaDKi (9th Cir. BAP, July 3, 2013) (Not for publication)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...
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 9 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B.A.P. No. CC-12-1642 (9th Cir. B.A.P, July 3, 2013) (Not for Publication)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In an unpublished opinion, the Bankruptcy Appellate Panel for the Ninth Circuit affirmed the orders of the Bankruptcy Court for the Central District of California requiring the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...
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...
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
