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Summaries by Bradley Pearce

Highland Greens Homeowners Association of Buena Park v. Maria A. Basave De Guillen (In re Guillen)

Citation:
BAP No. CC-18-1248-LSTa and BAP No. CC-18-1242-LSTa (9th Circuit, Aug 26,2019) Published
Case Status:
Affirmed
Ruling:
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR
Tag(s):

Dobos v. People`s Bail Bonds; Harry Kassabian (In re Dobos)

Citation:
CC-18-1239-FLKu (9th Circuit, Aug 02,2019) Published
Case Status:
Affirmed
Ruling:
A creditor seeking to enforce an avoided lien needs to ensure that the lien does not otherwise expire during the course of the litigation or appeal. In this case, a judgment creditor whose lien had...
Judge(s):
FARIS, LAFFERTY, and KURTZ
Tag(s):

Frank Jakubaitis v. Padilla, Golden and Marshcack (In re Jakubaitis)

Citation:
BAP No. CC-18-1067-SFL (9th Circuit, Jul 22,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The pyschotherapist-patient privilege is limited to communications between a witness and his or her psychotherapist. A witness who claims to be unable to give accurate testimony because he or she...
Judge(s):
SPRAKER, FARIS, and LAFFERTY
Tag(s):

Banner Bank v. Robertson (In re Robertson)

Citation:
No. 18-4060 (10th Circuit, May 29,2019) Published
Case Status:
Affirmed
Ruling:
While the 14-day deadline in Fed. R. Bankr. P. 9023 is not jurisdictional, the failure to file a Rule 9023 motion within the 14-day deadline in Rule 9023 results in the the expiration of the...
Judge(s):
HOLMES, BACHARACH, and PHILLIPS
Tag(s):

Thomas McBride, et al v. Sharon Riley, et al (In re Sharon Boyd Riley)

Citation:
18-30535 (5th Circuit, May 13,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The bankruptcy court's interpretation of its own standing order regarding "no-look" compensation to Chapter 13 debtors' attorneys was reasonable. The standing order's deletion of a provision...
Judge(s):
REAVLEY, ELROD and WILLETT
Tag(s):

TKC Aerospace Inc. v. Charles Muhs (In re Muhs)

Citation:
18-1372 (4th Circuit, May 08,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A judgment against a debtor for violating the Alaska Uniform Trade Secrets Act (the UTSA) for the willful an malicious misappropriation of the judgment creditor’s trade secrets was insufficient...
Judge(s):
MOTZ, KING, and THACKER
Tag(s):

Dekhtyar v. Chernyavsky (In re Dekhtyar)

Citation:
BAP No. CC-18-1203-LSF (9th Circuit, Mar 19,2019) Not Published
Case Status:
Affirmed
Ruling:
A state court judgment for malicious prosecution was entitled to preclusive effect so that the debtor's state court malicious prosecution judgment was nondischargeable under 11 U.S.C. § 523(a)(6)....
Judge(s):
LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges
Tag(s):

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

Trinity 83 Development LLC v. Colfin Midwest Funding LLC

Citation:
18-2117 (7th Circuit, Mar 01,2019) Published
Case Status:
Affirmed
Ruling:
Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
Judge(s):
Easterbrook, Barrett, and Scudder
Tag(s):

Hindra v. Duetsche Bank National Trust Co. (In re Hindra)

Citation:
BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29,2019) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's decision denying the erstwhile debtor's motions to vacate dismissal of, and to reopen, her chapter 13 case.
Judge(s):
KURTZ, TAYLOR, and FARIS, Bankruptcy Judges
Tag(s):

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