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Summaries by

Mastan v. Salamon (In re Salamon)

Citation:
No. 15-60031 (9th Circuit, Apr 20,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed BAP ruling affirming bankruptcy court's order disallowing deficiency claim following non-judicial foreclosure. Out of bankruptcy foreclosure extinguished creditor's lien, and...
Judge(s):
Schroeder, Davis, Murguia
Tag(s):

PNC Bank v. Sterba

Citation:
No. 14-60061 (9th Circuit, Apr 05,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed BAP's reversal of N.D. Cal. bankruptcy court's ruling that a creditor's claim was timely. Notwithstanding California forum for bankruptcy, under bankruptcy common law, federal...
Judge(s):
Tashima, Smith, Korman
Tag(s):

First Community Bank v. Gaughan (In re Miller)

Citation:
No. 14-16854 (9th Circuit, Mar 31,2017) Published
Case Status:
Reversed and Remanded
Ruling:
9th Circuit reversed ruling of district court (D. Ariz.), after district court reversed bankruptcy court's summary judgment in favor of judgment lien creditor, who brought adversary against chapter...
Judge(s):
Tashima, Smith, Korman
Tag(s):

Blue Cross Blue Shield of North Carolina v. Jemsek Clinic, P.A. (In re Jemsek Clinic, P.A.

Citation:
16-1030 (4th Circuit, Mar 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
Judge(s):
Wilkinson, Motz, Floyd (Motz)
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):

Copeland v. Fink (In re Copeland)

Citation:
Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)
Ruling:
AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

U.S. Bank National Association v. Lewis and Clark Apartments, LP (In re Lewis and Clark Apartments, LP)

Citation:
In re Lewis and Clark Apartments, LP, ---F.3d --- (8th Cir. BAP October 11, 2012) (Federman, J.)
Ruling:
REVERSING and REMANDING, the 8th Cir. BAP held that a challenge to a valuation decision based on law and not fact is an appealable interlocutory order because the legal bases for valuation affect...
Judge(s):
Kressel, Federman, and Nail (BAP Judges)
Tag(s):

In re Knight-Celotex, LLC

Citation:
In re Knight-Celotex, LLC, et al., Case No. 11-01815, ---F.3d ---- (7th Cir. Sept. 5, 2012)(slip opinion) (Hamilton, J)
Ruling:
AFFIRMING the District Court, the Seventh Circuit held that the Bankruptcy Court did not abuse its discretion by finding that a trustee was not judicially estopped from assigning claims against the...
Judge(s):
Cudahy, Kanne, and Hamilton, Seventh Circuit Judges.
Tag(s):

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