BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)
Ruling:
Appellant law firm, Fuchs & Associates, Inc. ("FAAI"), has no standing to object or receive proceeds to Elke Lesso's ("Debtor") section 363(f) sale of real property "free and clear" because the...
BAP No. CC-12-1304-TaMoMk (B.A.P. 9th Cir. May 6, 2013) (NOT FOR PUBLICATION)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit VACATED the bankruptcy court's order disallowing Claims (only with respect to guaranty liabilities and bankruptcy legal fees) and REMANDED the...
Judge(s):
TAYLOR, MONTALI (sitting by designation), and MARKELL
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 11 months ago
Citation:
11-56677 D.C. No. 2:10-cv-00647-AG
Ruling:
The Ninth Circuit VACATED the District Court's decision (which affirmed the Bankruptcy Court) and REMANDED to the District Court. Finding contrary to the District Court, the Ninth Circuit held...
BAP No. EC-11-1719-MkDJu (B.A.P. 9th Cir., April 23, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal ("9th Cir. BAP") affirmed the Bankruptcy Court order abstaining from exercising jurisdiction over a Chapter 7 debtor's...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 11 months ago
Citation:
BAP No. EC-11-1669 (9th Cir. BAP) (entered April 23, 2013)
Ruling:
BAP affirmed dismissal without leave to amend of the Debtor's adversary complaint seeking to enjoin Bank of America from foreclosing on the Debtor's residence. The BAP held that the Debtor lacked...
Summarized by Eryk Escobar , Department of Justice
12 years 11 months ago
Citation:
D.C. No. 2:08-cc-00461-PMP-PAL (Not for Publication)
Ruling:
The United States Court of Appeals for the Ninth Circuit (the “Court”) affirmed the District Court’s summary judgment in favor of defendant Deloitte & Touche, LLP (“Deloitte”). The Court...
Judge(s):
Wallace and Ikuta, Circuit Judges, and Garbis, Senior District Judge
Debtor has no standing to claim wife's interest in tax refund where he specifically denied that he had any interest in the tax refund, did not schedule or exempt the funds, and the wife had not...
9th Cir. BAP Case No. AZ-11-1233RnPaKi; Adv. No. 2:10-ap-0764-RJH
Ruling:
The Ninth Circuit BAP REVERSED the Bankruptcy Court's ruling that the Debtor's student loans were non-dischargeable and REMANDED the case to the Bankruptcy Court for purposes of entering a judgment...
Judge(s):
Hon. Thomas M. Renn (sitting by designation); Hon. Jim D. Pappas; and Hon. Ralph B. Kirscher.