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Summaries by Bradley Pearce
- Citation:
- BAP No. NV-18=1219-KuLB (9th Circuit, Sep 27,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision that the debtors' failure to timely pay a discounted settlement amount, thus leaving a $25 late fee unpaid after a...
- Judge(s):
- Kurtz, Lafferty, Brand
- Tag(s):
-
- Ruling:
- A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
- Judge(s):
- KURTZ, FARIS, and LAFFERTY
- Tag(s):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
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