BAP Nos. NV-12-1456-PaKiTa and NV-12-1474-PaKiTa (Cross-appeals)
Ruling:
In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED. The Panel based its ruling by weighing the...
Judge(s):
Hon. Jim D. Pappas; Hon. Ralph B. Kirscher; and Hon. Laura S. Taylor
In re Gelb, Case No. 12-1086 (B.A.P. 9th Cir. Mar. 29, 2013) (not for publication)
Ruling:
The B.A.P. affirmed the bankruptcy court's decision. First, the B.A.P. held that neither a parent nor a guardian ad litem may bring an action on behalf of a minor child without retaining a lawyer....
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 1 week ago
Citation:
Case No. 12-60009 (9th Cir. March 25, 2013)
Ruling:
In AFFIRMING the judgment of the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's judgment confirming a chapter 13 plan as proposed in good faith, the Ninth Circuit held that under...
Judge(s):
Kenneth F. Ripple, Stephen S. Trott, and Richard A. Paez
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 2 weeks ago
Citation:
(NOT FOR PUBLICATION) BAP NO. CC-12-1112-PaDKI & CC-12-1141-PaDKi
Ruling:
The Ninth Circuit BAP Affirmed the bankruptcy court judgment which excepted from discharge, under 11 USC 523(a)(2)(A), a debt for $76,000 and discharged a debt for $50,000 based upon the dates of...
O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC), BAP No. CC-12-1340-KlPaDu (9th Cir. BAP March 9, 2013) (for publication)
Ruling:
The Ninth Circuit BAP AFFIRMED the bankruptcy court's granting of summary judgment to the Appellee with respect to its section 510(b) claim, holding that a right to payment arising from a judgment...
Judge(s):
Albert, Klein (sitting by designation), Pappas, and Dunn, United States Bankruptcy Judges
Nos. CC-12-1306-DKiPa & CC-12-1307-DKiPa (B.A.P. 9th Cir. Mar. 4, 2013)
Ruling:
Affirming the judgment of the Bankruptcy Court for the Central District of California (“the BC”), the Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”), held that the BC did not...
BAP No. NV-12-1375-JuKid (BAP 9th Cir. March 4, 2013)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP 9th Cir") vacated an order of the United States Bankruptcy Court for the District of Nevada ("Bankruptcy Court") and remanded the matter back to the...
BAP No. 12-1330-JuKid (BAP 9th Cir. March 4, 2013)
Ruling:
The Ninth Circuit BAP affirmed a bankruptcy court summary judgment and found that the bankruptcy court properly held that a the debt was excepted from discharge pursuant to § 523 (a)(2) based on...
Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).
Ruling:
The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir....
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even...
Judge(s):
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.