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Zarate v. Umpqua Bank (In re Zarate)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 4 months ago
Citation:
9th Cir. BAP No. EC-14-1371-FDJu (Dec. 9, 2015) (unpublished)
Ruling:
Bankruptcy court properly approved a compromise between Chapter 7 Trustee and Bank relating to the Debtor's fraud claims against Bank which had foreclosed on the Debtor's commercial property.
Judge(s):
FARIS, DUNN, and JURY
Tag(s):

Gonzalez v. Kitay, et al. (In re Kitay)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 4 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1200-FDJu (December 10, 2015)
Ruling:
In the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") deemed not appropriate for publication, the BAP held that the bankruptcy court did not err in granting Daniel E. Gonzalez's ("Appellant")...
Judge(s):
Honorable Faris, Dunn, and Jury, Bankruptcy Judges.
Tag(s):

Golden v. Clay Lacy Aviation, Inc. (In re Aletheia Research and Management, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 4 months ago
Citation:
In re Aletheia Research and Management, Inc., No. CC-15-1081-KiTaKu (9th Cir. B.A.P. Dec. 10, 2015).
Ruling:
In a constructive-fraudulent-transfer action, the trustee’s bare allegation that the debtor was insolvent when it made the transfers does not demonstrate plausibility under Twombly....
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Melcher v. Richardson (In re Melcher)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 4 months ago
Citation:
In re Melcher, No. NC-14-1573-TaDJu (9th Cir. B.A.P. Dec. 7, 2015).
Ruling:
A pre-filing order may not permit a court to bar a proposed pleading because the pleading lacks merit. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

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