In re Renewable Energy, Inc., BAP No. WW-15-1089-KuJuTa (9th Cir. B.A.P. Dec. 9, 2016)

Citation:
WW-15-1089-KuJuTa (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

Debtor bar-operator’s failure to obtain liquor-liability insurance warranted conversion to chapter, rather than dismissal, of its chapter 11 case.

Judge(s):
Frank L. Kurtz, Meredith A. Jury, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Marques v. Joseph (In re Marques)

Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

White v. MAS Financial (In re White)

Citation:
CC-16-1067-TaKuKi (9th Circuit, Dec 02,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...

Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Advanced Biomedical, Inc. v. Specialty Laboratories, Inc. (In re Advanced Biomedical, Inc.)

Citation:
BAP No. CC-16-1100-DKiF (9th Cir. B.A.P. Dec. 2, 2016) (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

A prepetition assignment of accounts receivable ordered by a California Superior Court under Cal. Civ. Code section 708.510 was effective to remove the accounts from the debtor’s...

Judge(s):
Randall B. Dunn, Bankruptcy Judge for the District of Oregon sitting by designation, and Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges
Tag(s):

Reed v. New York Community Bank (In re Reed)

Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

McCray v. Wells Fargo Bank, N.A.

Citation:
16-1415 (4th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

 The Fourth Circuit Court of Appeals upheld the bankruptcy court's dismissal of the debtor's adversary proceeding on the grounds that because the claims asserted in the adversary proceeding...

Judge(s):
Before Motz, Wynn, and Floyd, Circuit Judges
Tag(s):

Flaxer v. Gifford (In re Lehr Construction Corp.)

Citation:
16-350 (2nd Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

By summary order, the Second Circuit affirmed the District Court, explaining that the acts of agents are presumed to be imputed to their principals under New York law, and rejecting the...

Judge(s):
Present: Hon. Robert A. Katzman; Hon. Ralph K. Winter; Hon. Sidney H. Stein;
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

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