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Colby Irish v. Karine Ghadyan (In re Abulyan and Ghadyan)

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):

Eliminator Custom Boats, Inc. v. Rosenstein & Hitzeman, AAPLC (In re Eliminator Custom Boats)

Citation:
CC-19-1003-KuFL (9th Circuit, Sep 23,2019) Not Published
Case Status:
Reversed and Remanded
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):

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)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 6 years 10 months ago
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)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 6 years 10 months ago
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)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 6 years 11 months ago
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)

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 6 years 12 months ago
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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