Permula Corporation v. Helson Pacheco (In re Pacheco)

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 3 weeks ago

Citation:

19-50318 (5th Circuit, Dec 17,2019) Not Published

Case Status:

Affirmed

Ruling:

The district court properly dismissed the plaintiff-appellant's appeal of the bankruptcy court's dismissal of the plaintiff's dischargeability complaint due to the plaintiff-appellant's failure to...

Judge(s):

STEWART, HIGGINSON, and COSTA

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• 8018

Radiance Capital Receivables N v. Thomas Crow (In re Thomas Crow)

• Summarized by Lars Fuller , BakerHostetler
• 8 months 1 week ago

Citation:

BAP No. WY-18=083 & WY-18-086 (10th Circuit, Nov 26,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Wyo.), which overruled objections to chapter 7 debtor's claim of millions of dollars in exemptions in entireties property. Under Wyoming law, half of...

Judge(s):

Cornish, Hall, Loyd

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 522; 11 U.S.C. § 541

Umpqua Bank v. Carolyn Burke (In re Burke)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 8 months 1 week ago

Citation:

BAP No. NC-18-1260-STaB (9th Circuit, Nov 25,2019) Not Published

Case Status:

Reversed

Ruling:

Debtor's 2009 bankruptcy discharge did not bar creditor from bringing an unjust enrichment action after creditor erroneously submitted an escrow demand that was too low when debtor sold her home in...

Judge(s):

Spraker, Taylor, Brand

Tag(s):

• 9th Circuit
• Claims
• Consumer Bankruptcy
• Discharge/Dischargeability
• 7056
• 727(b)
• 524(a)(2)
• 101

Reach, Incorporated v. J. Smith

• Summarized by Aaron Kaufman , Dykema Gossett PLLC
• 8 months 3 weeks ago

Citation:

19-60175 (5th Circuit, Nov 20,2019) Not Published

Case Status:

Affirmed

Ruling:

Adding judicial gloss to its earlier Sneed Shipbuilding decision, the Court explained that not all appeals are statutorily moot under 363(m), particularly where there is no evidence of "mutual...

Judge(s):

King, Graves, Willett (per curiam)

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Practice and Procedure
• Rule 6004
• 8002(a)
• 363

In re Shmuel Erde

• Summarized by Lars Fuller , BakerHostetler
• 8 months 4 weeks ago

Citation:

BAP No. CC-19-1023-STaL (9th Circuit, Nov 12,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying vexatious litigant's motion to vacate dismissal of bankruptcy 35 years prior. Bankruptcy court properly rejected debtor's...

Judge(s):

Spraker, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Professional Practice Areas
• Real Estate
• Rule 9024 (Fed. R. Civ. P. 60)

In re Joseph and Judith Wilczak

• Summarized by Lars Fuller , BakerHostetler
• 9 months 3 min ago

Citation:

BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...

Judge(s):

Faris, Brand, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 502

Asphalt Professionals, Inc. v. Darin Davis (In re Darin Davis)

• Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
• 9 months 6 days ago

Citation:

BAP No. CC-19-1116-TaLS; Bk. No. 1:10-bk-17214-VK (9th Circuit, Nov 05,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy court's decision sustaining chapter 7 trustee's objection to two proofs of claim affirmed.

Judge(s):

Taylor, Lafferty, Spraker

Tag(s):

• 9th Circuit
• Claims
• Professional Compensation/Fees

Oya v. Wells Fargo, N.A. (In re Oya)

• Summarized by Lars Fuller , BakerHostetler
• 9 months 3 weeks ago

Citation:

BAP No. SC-19-1095-BKuL (9th Circuit, Oct 18,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (SD Cal.) retroactively annulling automatic stay after creditor with notice of bankruptcy proceeded with foreclosure sale. Bankruptcy court...

Judge(s):

Brand, Kurtz, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C. § 362

Educational Financial Service v. Stephanie Henry (In re Henry)

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 9 months 3 weeks ago

Citation:

18-20809 (5th Circuit, Oct 17,2019) Not Published

Case Status:

Affirmed

Ruling:

Bankruptcy Courts have discretion to refuse to compel arbitration of discharge disputes. The Fifth Circuit followed its prior rulings in In re National Gypsum and In re Gandy and found: (1)...

Judge(s):

King, Higginson and Duncan

Tag(s):

• 5th Circuit
• Consumer Debt
• Discharge/Dischargeability

Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

• Summarized by Lars Fuller , BakerHostetler
• 10 months 2 hours ago

Citation:

BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Circuit affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion to reconsider relief from stay order. Debtor failed to raise claim preclusion issue in objecting...

Judge(s):

Faris, Spraker, Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage
• Professional Practice Areas
• Real Estate
• Rule 9023
• § 1327

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