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Bank of America, N.A. v. LSSR, LLC (In re LSSR, LLC)

Citation:
BAP No. CC-12-1636-DKiTA
Ruling:
The Bankruptcy Appellate Panel (BAP) affirmed a bankruptcy court's denial without prejudice of an unsecured creditor's motion for stay relief (Motion) for failure to properly serve the Motion on...
Judge(s):
Dunn, Kirscher, Taylor
Tag(s):

Simpson v. Deutsche Bank National Trust Co. (In re Simpson)

Citation:
BAP No. CC-12-1445-MkTaJu (B.A.P. 9th Cir. May 29, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit AFFIRMED the bankruptcy court's allowance of bank's claim, but without prejudice to debtor's filing in the bankruptcy court a § 502(j)...
Judge(s):
MARKELL, TAYLOR, and JURY
Tag(s):

Ly v. Che (In re Ly)

Citation:
BAP No. CC-12-1395-DKiTa
Ruling:
BAP affirmed the Bankruptcy Court holding that a colorable claim exists when party moving for Relief From Stay for cause has previously obtained a state court default judgment declaring the...
Judge(s):
DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges
Tag(s):

McKenna v. PNC Bank, N.A. (In re McKenna)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 12 years 10 months ago
Citation:
BAP No. WW-12-1443-MkKiJu (9th Cir. BAP) (unpublished) (entered May 28, 2013)
Ruling:
BAP affirmed bankruptcy court order that, notwithstanding series of mergers, creditor had established standing to obtain relief from stay to evict chapter 7 debtors following foreclosure.
Judge(s):
Markell, Kirscher, and Jury
Tag(s):

Ereren v. Marshack (In re Ereren)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 10 months ago
Citation:
Ereren v. Marshack (In re Ereren), Case No. CC-12-1542-TaDKi (9th Cir. B.A.P. May 28, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Sinclair v. Bank of America, N.A. (In re Sinclair)

  • Summarized by Janel Glynn , The Burgess Law Group
  • 12 years 10 months ago
Citation:
Opinion not published.
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") determined that proceedings to annul the automatic stay after the underlying bankruptcy case is dismissed fall within the ambit of...
Judge(s):
TAYLOR, PAPPAS, and MARKELL.
Tag(s):

Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 10 months ago
Citation:
Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.), B.A.P. Nos. EC-12-1471, EC-12-1485, EC-12-1493, EC-12-1498 (9th Cir. B.A.P., May 23, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit vacated and remanded orders of the Bankruptcy Court granting sanctions against the Chapter 11 debtor and certain...
Judge(s):
Jury, Markell and Dunn, Bankruptcy Judges
Tag(s):

In re Marroquin

  • Summarized by Lovee Sarenas , Sklar Hirsh
  • 12 years 10 months ago
Citation:
Unpublished opinion
Ruling:
The Bankruptcy Appellate Panel, in a 2-1 vote, ruled that it had no jurisdiction to rule on the appeal and therefore, dismissed the appeal.
Judge(s):
Appeal from a decision by the Hon. Vincent Zurzolo. Before bankruptcy appellate panel judges Dennis Montali, Bruce Markell and Laura Taylor.
Tag(s):

Hedlund v. The Educational Resources Institute Inc.

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 12 years 10 months ago
Citation:
No. 12-35258/D.C. No. 6:11-cv-6281-AA (for publication)
Ruling:
The Ninth Circuit held that the Bankruptcy Court's findings in support of its order granting a partial discharge of the debtor's student loans under §523(a)(8) were not clearly erroneous,...
Judge(s):
PREGERSON, TASHIMA and SMITH, Circuit Judges
Tag(s):

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