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Cruz v. Stein Strauss Trust (In re Cruz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 7 months ago
Citation:
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling:
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it...
Judge(s):
Honorable KIRSCHER, TAYLOR and DUNN.
Tag(s):

Barragan v. Brazil (In re Barragan)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 7 months ago
Citation:
In re Barragan, BAP No. NC 13 1558 KuDJu (9th Cir. B.A.P. Aug. 26, 2014).
Ruling:
A bankruptcy court lacks jurisdiction over an adversary proceeding having no relation to a bankruptcy case pending when the complaint was filed, even if the plaintiff files a bankruptcy petition...
Judge(s):
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 7 months ago
Citation:
Tolotti v. Seaboard Produce Distributors, Inc. (In re Tolotti), BAP No. CC-14-1019-TaPaKi (BAP 9th Cir. August 25, 2014)
Ruling:
BAP affirmed bankruptcy court's application of issue preclusion to certain issues from state court default judgment to motion for summary judgment, but reversed bankruptcy court's finding that...
Judge(s):
Taylor, Pappas, Kirscher
Tag(s):

R. Galaz v. L. Galaz (In the Matter of L. Galaz)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 7 months ago
Citation:
Case No. 13-50781 c/w 13-50783 (5th Cir. August 25, 2014)
Ruling:
VACATED and REMANDED by 5th Circuit. Subject matter jurisdiction is reviewed de novo. Held that Debtor's claim was indeed "related to" the bankruptcy case because it could increase the estate but...
Judge(s):
Higginbotham, Jones, and Prado, Circuit Judges
Tag(s):

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