Zolnier v. Collins

Citation:
21-20260 (5th Circuit, Dec 06,2021) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
Judge(s):
Per curiam (Higginbotham, Stewart and Wilson)
Tag(s):

McClave State Bank v. Jay Stum

Citation:
CO-20-055, CO-20-059 (10th Circuit, Dec 01,2021) Not Published
Case Status:
Affirmed
Ruling:
An exception from discharge under § 523(a)(2)(B) was warranted where the debtor provided written financial statements that omitted certain debts that—if disclosed—would likely have...
Judge(s):
Somers, Jacobvitz, and Loyd
Tag(s):

In re: SILVERIO ARENAS, JR. and EMILDA NAVA

Citation:
21-1056 (9th Circuit, Nov 19,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of appellees' motion for summary judgment as to certain claims and the dismissal of any others by the U.S. Bankruptcy...
Judge(s):
Julia W. Brand; Scott H. Gan; and Laura S. Taylor
Tag(s):

Irene Moden v. Ditech Financial, LLC

Citation:
BAP No. CO-20-062 (10th Circuit, Nov 12,2021) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Court did not err in holding that the debtor failed to meet the standards for pleading fraud and that the debtor had waived her claim for emotional distress. The debtor's standing as...
Judge(s):
SOMERS, JACOBVITZ, and LOYD, Bankruptcy Judges
Tag(s):

In re- TODD E. MACALUSO

Citation:
BAP No. SC-19-1065-SFL (9th Circuit, Nov 09,2021) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment ruling in favor of plaintiff on plaintiff's non-dischargeability claims under sections 523(a)(2)(A) and...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

In re: MICHEAL DAVID SOTO AND KALONI RAE WILLIAMS-SCOW

Citation:
BAP No. MT-20-1192-TBC (9th Circuit, Oct 29,2021) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Mon.) dismissing imprisoned creditor's 523(a)(6) suit against chapter 7 debtor due to creditor's failure to pay filing fee. There are no...
Judge(s):
Taylor, Brand, Gan
Tag(s):

In re- CALDEL HOLDINGS, LLC

Citation:
BAP No. NC-21-1083-BFS (9th Circuit, Oct 27,2021) Not Published
Case Status:
Affirmed
Ruling:
When considering a motion to reopen a case, a bankruptcy court should ordinarily not address the merit of any disputes underlying the motion, but may decline to reopen where the undisputed facts...
Judge(s):
BRAND, FARIS, and SPRAKER
Tag(s):

In re: WESTWOOD PLAZA NORTH

Citation:
BAP No. CC-21-1046-GHL (9th Circuit, Oct 22,2021) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion in denying a debtor's motion to reconsider the bankruptcy court's decision not to reopen a bankruptcy case that was dismissed in 1984 when the...
Judge(s):
GAN, HESTON,** and LAFFERTY, Bankruptcy Judges
Tag(s):

In re- GUINEVERE MARIE MALLEY

Citation:
21-1020 (9th Circuit, Oct 21,2021) Not Published
Case Status:
Dismissed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) dismissed the appeal, filed by Thee Aguila, Inc. (TA), of the denial of its motion for reconsideration of a retroactive stay relief...
Judge(s):
Mary Jo Heston; William J. Lafferty III; and Scott H. Gan
Tag(s):

In re Draft Bars

Citation:
21-1054 (9th Circuit, Oct 14,2021) Not Published
Case Status:
Affirmed
Ruling:
Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
Tag(s):

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