Kang v. Cuzco Development U.S.A., LLC (In re Cuzco Development)

Citation:
BAP No. HI-18-1033-BSL (9th Circuit, Apr 04,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court did not abuse its discretion when denying requests to extend the deadline by claimant because claimant failed to prove excusable neglect.
Judge(s):
Brand, Spraker, Lafferty
Tag(s):

Wendy Nora v. HSBC Bank USA, N.A.

Citation:
18-1866 & 18-1889 (7th Circuit, Apr 01,2019) Not Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the District Court’s decisions with sanctions.
Judge(s):
Wood, Brennan and St. Eve
Tag(s):

Barker v. Eiler (In re Principia Equitas)

Citation:
BAP No. OR-18-1128-SKuF (9th Circuit, Mar 28,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Or.) denying non-debtor principal's claim objection against secured creditor who had not filed proof of claim. Secured creditor did not...
Judge(s):
Spraker, Kurtz, Faris
Tag(s):

Raybould v. Markel (In re Raybould)

Citation:
Nos. OR-17-1326-SLB, OR-17-1327-SLB (9th Circuit, Mar 26,2019) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy case was properly dismissed because debtor failed to obtain credit counseling, to timely make plan payments, and to file required tax returns.
Judge(s):
Spraker, Lafferty, Brand
Tag(s):

Dekhtyar v. Chernyavsky (In re Dekhtyar)

Citation:
BAP No. CC-18-1203-LSF (9th Circuit, Mar 19,2019) Not Published
Case Status:
Affirmed
Ruling:
A state court judgment for malicious prosecution was entitled to preclusive effect so that the debtor's state court malicious prosecution judgment was nondischargeable under 11 U.S.C. § 523(a)(6)....
Judge(s):
LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges
Tag(s):

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

Miller v. Gilliam & Rodriguez (In re Miller)

Citation:
BAP No. CC-18-1267-SFL (9th Circuit, Mar 11,2019) Not Published
Case Status:
Reversed
Ruling:
Ninth Circuit BAP reversed decision of bankruptcy court granting creditor’s Rule 9011 motion for sanctions against chapter 7 debtor, holding that such claim for fees was property of creditor’s...
Judge(s):
Spaker, Faris, and Lafferty
Tag(s):

Benzeen Inc. v. UST - United States Trustee, Woodland Hills (In re Benzeen Inc.)

Citation:
CC-18-1185-FLS, 2019 WL 1096334 (9th Circuit, Mar 06,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court cannot sua sponte dismiss debtor's chapter 11 case without providing debtor with proper notice prior to dismissing its case or considering the best interests of the estate and...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

Jakubaitis v. JPMorgan Chase Bank, N.A. (In re Jakubaitis)

Citation:
CC-18-1069-FLS (9th Circuit, Mar 07,2019) Not Published
Case Status:
Affirmed
Ruling:
The error in granting relief from the automatic stay was harmless because the discharge injunction left creditor free to enforce its in rem rights against debtor's car without seeking permission...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

Imperium Insurance Company v. Shelton & Associates

Citation:
16-60728 (5th Circuit, Mar 06,2019) Not Published
Case Status:
Affirmed
Ruling:
The Court held that Shelton made material misrepresentations when he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
Judge(s):
JOLLY, JONES, and HAYNES
Tag(s):

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