9th Circuit

Winterton v. Blue Pine Group, Inc. (In re Blue Pine Group, Inc.)

Summarized by Elie Herman ,
13 years 2 weeks ago

Citation:: No. 11-60059 (9th Cir., May 7, 2013) (not for publication; not precedent)

Ruling:

Affirms imposition of sanctions by the bankruptcy court upon Appellant, but reducing the amount to reflect culpability of Appellant.

Judge(s):

Fletcher, Gould, and Christen.

Tag(s):

Sharma v. Salcido (In re Sharma)

Summarized by Joel Newell , Ballard Spahr, LLP
13 years 3 weeks ago

Citation:: 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 CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)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...

Judge(s):

Markell, Taylor, Montali (9th Cir. BAP)

Tag(s):

Fuchs & Associates, Inc. v. Lesso (In re Lesso)

Summarized by Jeremy Ficarola ,
13 years 3 weeks ago

Citation:: BAP No. CC-12-1515 (9th Cir. BAP) (entered May 10, 2013)(Unpublished)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...

Judge(s):

Markell, Taylor, Montali (9th Cir. BAP)

Tag(s):

R. Meruelo v. Meruelo Maddux Properties, Inc. (In re Meruelo Maddux Properties, Inc.)

Summarized by Emil Khatchatourian , Foley & Lardner LLP
13 years 1 month ago

Citation:: BAP No. CC-12-1304-TaMoMk (B.A.P. 9th Cir. May 6, 2013) (NOT FOR PUBLICATION)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

Tag(s):

Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.)

Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 1 month 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...

Judge(s):

CALLAHAN, IKUTA AND HURWITZ

Tag(s):

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

Summarized by Margreta Morgulas , Okin Hollander LLC
13 years 1 month ago

Citation:: 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...

Judge(s):

Bankruptcy Judges Markell, Dunn and Jury

Tag(s):

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

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 1 month 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...

Judge(s):

Markell, Dunn, Jury

Tag(s):

USACM Liquidating Trust v. Deloitte & Touche

Summarized by Eryk Escobar , Department of Justice
13 years 1 month 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

Tag(s):

EVOQ Properties, Inc. v. Maddux (In re Meruelo Maddux Properties, Inc.)

Summarized by Elie Herman ,
13 years 1 month ago

Citation:: No. CC-12-1479-TaPaKi (9th Cir. B.A.P., April 15, 2013).

Ruling:

Affirms ruling of the bankruptcy court on all three issues.

Judge(s):

Taylor, Pappas, and Kirscher.

Tag(s):

Singh v. Cusick (In re Singh)

Summarized by Holly Roark , Roark Law Offices
13 years 1 month ago

Citation:: BAP No. EC-11-1700-DJuMk, Adv. No. 11-02118-RHS, BK. No. 10-28544-RHS

Ruling:

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...

Judge(s):

Ronald H. Sargis

Tag(s):

Winterton v. Blue Pine Group, Inc. (In re Blue Pine Group, Inc.)

Sharma v. Salcido (In re Sharma)

Fuchs & Associates, Inc. v. Lesso (In re Lesso)

R. Meruelo v. Meruelo Maddux Properties, Inc. (In re Meruelo Maddux Properties, Inc.)

Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.)

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

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

USACM Liquidating Trust v. Deloitte & Touche

EVOQ Properties, Inc. v. Maddux (In re Meruelo Maddux Properties, Inc.)

Singh v. Cusick (In re Singh)

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