The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
The Ninth Circuit upheld the decision of the District Court to affirm three decisions of the Bankruptcy Court involving the chapter 11 bankruptcy estate of Howard Marshall III and his wife, Ilane...
Judge(s):
Hon. David Ebel (sitting by designation from the 10th Circuit); Hon. Kim McLane Wardlaw; and Hon. Jacqueline Nguyen deciding an appeal from the decision of district court judge, David Carter.
ML-CFC 2006-3 Seasons, LLC v. Seasons Partners LLC, Case No. 10-00772 (9th Circ. June 25, 2013) (Not for Publication)
Ruling:
The Ninth Circuit DISMISSED creditor's appeal of confirmation of Debtor's plan as equitably moot because creditor failed to seek a stay pending the appeal. Court also noted that even had a stay...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 9 months ago
Citation:
Suarez v. Barrett (In re Suarez) - (9th Cir. June 20, 2013) (Not For Publication)
Ruling:
The Ninth Circuit AFFIRMED the Bankruptcy Appeals Panel ("BAP") affirming the Bankruptcy Court's ruling that a state court contempt ruling can be used as evidence that a debt results from a willful...
Judge(s):
Montali, Jury, and Kwan, Bankruptcy Judges, Presiding
BAP No. EC-12-1163-MkDJu (B.A.P. 9th Cir. June 10, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's nondischargeability judgment and REMANDED the matter for further findings regarding whether the debtor committed...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 10 months ago
Citation:
Case No. 12-1559 (B.A.P. 9th Cir. June 5, 2013)
Ruling:
In AFFIRMING in part and VACATING and REMANDING in part the bankruptcy court's order sustaining of the chapter 7 trustee's objection to the debtor's claimed homestead exemption in two real...
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 10 months ago
Citation:
Goldenberg v. Deutsche Bank National Trust Co. (Unpublished) (In re Papazov) (BAP 9th Cir May 30, 2013)
Ruling:
The Bankruptcy Court did not abuse its discretion in denying Appellant, Goldenberg Family Trust ("Goldenberg") a Motion to Reopen and a Motion for Injunctive Relief. The Bankruptcy Court denied the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 10 months ago
Citation:
In re Bronson, No. AZ-12-1320-MkDJu (9th Cir. B.A.P. May 29, 2013).
Ruling:
In this not-for-publication memorandum decision, the Ninth Circuit BAP affirmed conversion of a chapter 11 case to chapter 7 because the debtors were unable to confirm and effectuate a plan within...
