In re Douglas Harmon

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):

In re Allana Baroni

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):

Jeanette Wellers v. Peters

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):

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

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):

In re Anibal Mesala Silva

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):

In re Sean and Shannon Nevett

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):

Trans-west, Inc. v. Jeffrey Mullins

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):

In re Carol Lee Depuydt-Meier

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):

In re Kimberly Dawn Franklin

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):

In re Khabushani

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):

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