In re Douglas Harmon

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 5 months 3 weeks ago

Citation:

Ninth Circuit Bankruptcy Appellate Panel Case No. ID-20-1168-LSG (9th Circuit, Jul 20,2021) Not Published

Case Status:

Reversed and Remanded

Ruling:

The BAP held that a standing trustee is entitled to collect the statutory fee under § 586(e) upon receipt of each payment under the Chapter 13 Plan and is not required to disgorge the fee if the...

Judge(s):

Honorable Lafferty, Spraker, and Gan, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Professional Compensation/Fees
• Consumer Bankruptcy
• § 586(e) and § 1326(a)

In re Allana Baroni

• Summarized by Sarah Tomlinson , Office of the U.S. Trustee
• 6 months 2 days ago

Citation:

Bankruptcy Appellate Panel of the Ninth Circuit Nos. CC-20-1278-LGT, CC-20-1279-LGT (9th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

The BAP held that only if the Ninth Circuit reverses the Turnover Order would the Debtor's standing be established as the Debtor conceded the estate is insolvent. The BAP also held the bankruptcy...

Judge(s):

The Hons. Lafferty, Gan, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Consumer Bankruptcy
• Mortgage
• Rule 9019
• 11 U.S.C. §§ 363(i)
• (m)

Jeanette Wellers v. Peters

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

Citation:

BAP No. 20-040 (10th Circuit, Jul 13,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) order approving settlement between Chapter 7 trustee and creditor regarding allocation of proceeds following sale of Chapter 7 debtor's home....

Judge(s):

Cornish, Michael, Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Small Business
• Rule 9019

Twiford Enterprises, Inc. v. Rolling Hills Bank and Trust

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 months 1 week ago

Citation:

20-8048 (10th Circuit, Jul 09,2021) Not Published

Case Status:

Affirmed

Ruling:

In order to succeed on a claim of economic duress under Iowa law, a borrower must (1) prove that the duress resulted from the lender's wrongful and oppressive conduct and not by the borrower's...

Judge(s):

MATHESON, BACHARACH, and CARSON

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate

In re Anibal Mesala Silva

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

Citation:

BAP No. CC-20-1237-GTL (9th Circuit, Jul 06,2021) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.). denying chapter 13 debtor's (1) motion for sanctions against tax collector and mortgage servicer; (2) motion to vacate order denying...

Judge(s):

Gan, Taylor, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Real Estate
• 11 U.S.C. 362(a)

In re Sean and Shannon Nevett

• Summarized by Amir Shachmurove , Reed Smith LLP
• 6 months 2 weeks ago

Citation:

20-1154 (9th Circuit, Jul 01,2021) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit found no error in the decision of the Bankruptcy Court for the Southern District of California (BC) to deny a discharge to Sean P. Nevett (SPN)...

Judge(s):

Gary A. Spraker; Scott H. Gan; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Fed. R. Bankr. P. 2004
• 11 U.S.C. § 727(a)(3); 11 U.S.C. § 727(a)(5); 11 U.S.C. § 341(a)

Trans-west, Inc. v. Jeffrey Mullins

• Summarized by Amir Shachmurove , Reed Smith LLP
• 6 months 2 weeks ago

Citation:

20-046 (10th Circuit, Jun 30,2021) Not Published

Case Status:

Affirmed

Ruling:

Discerning no clear error in the post-trial factual findings of the U.S. Bankruptcy Court for the District of Colorado (BC), the Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed its...

Judge(s):

Tom R. Cornish; Terrence L. Michael; and Sarah A. Hall

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Commercial Fraud
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 4007
• 11 U.S.C. § 523(a)(2)(A); 11 U.S.C. § 523(a)(6); 11 U.S.C. § 523(a)(4)

In re Carol Lee Depuydt-Meier

• Summarized by Amir Shachmurove , Reed Smith LLP
• 6 months 3 weeks ago

Citation:

21-1001 & 21-1002 (9th Circuit, Jun 28,2021) Not Published

Case Status:

Affirmed

Ruling:

Echoing a similar ruling in a separate case, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed orders (1) overruling the objection by Carol Lee DePuydt-Meier (DR) to a proof...

Judge(s):

Gary A. Spraker; Robert J. Faris; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Court Administration
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Predatory Lending
• Finance and Banking
• Fed. R. Bank. P. 3001(f)
• 11 U.S.C. § 362(d)(1)

In re Kimberly Dawn Franklin

• Summarized by Amir Shachmurove , Reed Smith LLP
• 6 months 3 weeks ago

Citation:

19-1149 (9th Circuit, Jun 24,2021) Not Published

Case Status:

Affirmed

Ruling:

The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the bankruptcy court’s order granting the motion to dismiss the third amended complaint of Kimberly Franklin (DR) against U.S....

Judge(s):

Gary A. Spraker; Scott H. Gan; and Julia W. Brand

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• Predatory Lending
• Finance and Banking
• Fed. R. Bankr. P. 7012(b)

In re Khabushani

• Summarized by Amir Shachmurove , Reed Smith LLP
• 6 months 4 weeks ago

Citation:

20-1243 (9th Circuit, Jun 22,2021) Not Published

Case Status:

Reversed

Ruling:

In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...

Judge(s):

Laura S. Taylor; Robert J. Faris; and William Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Alternative Dispute Resolution
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Finance and Banking
• Small Business
• Fed. R. Bankr. P. 4001; Fed. R. Bankr. P. 9014
• 11 U.S.C. § 727; 11 U.S.C. § 523(a)(6); 11 U.S.C. § 362(a)(1)
• (2)
• (6)
• (c); 28 U.S.C. § 157; 28 U.S.C. § 1334

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