BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) dismissing creditor's adversary against chapter 7 debtor based on creditor's failure to effect service of summons and complaint. ...
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), the BAP affirmed the bankruptcy court. Rule 7004(b)(9) Fed.R.Bankr.P. provides that service of a motion for stay...
Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)
Ruling:
In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...
BAP No. CC-13-1329-KuBlPa; In re 701 Mariposa Project, LLC, -- B.R. -- (9th BAP 2014)
Ruling:
The 9th Circuit BAP reversed and remanded the bankruptcy court's decisions wherein the BAP held that even though the Debtor's service of process was defective it did not violation the creditor's...
Judge(s):
Hon. Kurtz; Hon. Blumenstiel (sitting by designation); and Hon. Pappas.
Frates v. Wells Fargo Bank, N.A., Case No. NC-13-1366-JuKiD (B.A.P. 9th Cir. 2013) (published)
Ruling:
The Debtors satisfied procedural due process requirements by serving their motion and notice of motion to avoid the judicial lien of Wells Fargo in accordance with the Federal Rules of Bankruptcy...
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
The Bankruptcy Appellate Panel (BAP) affirmed a bankruptcy court's denial without prejudice of an unsecured creditor's motion for stay relief (Motion) for failure to properly serve the Motion on...
The court held that (1) Debtor's motion to dismiss for improper service was properly denied, and (2) although on appeal, an unstayed judgment of a state court constitutes a claim against the debtor...
The 8th Circuit BAP AFFIRMED the Bankruptcy Court. The Panel held that the bankruptcy court did not abuse its discretion by extending the time for service of process of a complaint seeking...
Judge(s):
Kressel, Chief Judge; Saladino and Nail, Bankruptcy Judges
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 3 months ago
Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
