The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
BAP No. CC-16-1045-KuFD (BAP 9th Cir. Aug. 11, 2016) (unpublished)
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (C.D. Cal.), which entered summary judgment against debtor on 523(a)(6) claim based on issue preclusion arising out of default...
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Summarized by David Baker , Law Office of David G. Baker
10 years 1 month ago
Citation:
Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Ruling:
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further...
There are three components necessary for constitutional standing, which include (1) injury in fact (2) causation and (3) redressability. The Ninth Circuit Bankruptcy Appellate Panel ("BAP")...
Jones, Jr. v. Castellucci, , No. 14-8060 (10th Cir. July, 6, 2015)
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) grant of summary judgment in favor of plaintiff and the district court's denial of post-judgment motion to reconsider. The Tenth Circuit...
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
In the unpublished Ninth Circuit Bankruptcy Appellate Panel ("BAP"), two issues were presented on appeal. First, did the bankruptcy court err is granting the Chapter 7 Trustee's partial summary...
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must...
Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)
Ruling:
Grant of summary judgment in favor of defendant is affirmed. Under New Jersey's Uniform Fraudulent Transfer Act (UFTA), trustee must demonstrate that debtor did not receive "reasonably equivalent...
