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Summaries by Dean Rallis

IN RE: TRANSWEST RESORT PROPERTIES, INC.

Citation:
16-16221 (9th Circuit, Jan 25,2018) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit affirmed the District Court's affirmance of the Bankruptcy Court's confirmation of a cramdown joint plan filed by five related debtors.
Judge(s):
J. Clifford Wallace, Milan D. Smith and Michelle T. Friedland
Tag(s):

Milby v. Templeton

Citation:
16-60022, 16-60023 (9th Circuit, Nov 21,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the BAP's decision (i) reversing the Bankruptcy Court's dismissal of the estate's fraudulent transfer claims as being time-barred, and (ii) affirming the Bankruptcy Court's dismissal of...
Judge(s):
Kim McLane Wardlaw, Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge
Tag(s):

IN RE: WALLDESIGN, INC.

Citation:
15-56220 (9th Circuit, Oct 02,2017) Published
Case Status:
Affirmed
Ruling:
The appellants were deemed initial transferees and strictly liable for the return of the monies fraudulently transferred by the debtor.
Judge(s):
A. Wallace Tashima, Jacqueline H. Nguyen, Algenon L. Marbley
Tag(s):

Dingley v. Yellow Logistics, LLC (In re Dingley)

Citation:
Case No. 14-60055; BA:P Case No. 13-1261 (9th Circuit, Apr 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed BAP's holding that pursuing a civil contempt proceeding is exempt from the automatic stay where the contempt proceedings are in furtherance of the court's public policy interest in...
Judge(s):
Ronald M. Gould, Richard R. Clifton, Paul J. Watford
Tag(s):

County of Imperial Treasurer-Tax Collector v. Stadtmueller (In re RW Meridian LLC)

Citation:
BAP No. SC-16-1227-JuFY; Bk Case No. 16-00629 MM7 (9th Circuit, Feb 03,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed the Bankruptcy Court's ruling that the County's post-petition tax sale violated the automatic stay and was, therefore, void.
Judge(s):
JURY, FARIS and YUN
Tag(s):

Grego v. U.S. Trustee (In re Grego)

Citation:
BAP No. EC-14-1067-KuPaJu/Bk. No. 14-20064 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order converting the chapter 11 case to chapter 7 and remanded the case to the Bankruptcy Court to consider whether, as an alternative to...
Judge(s):
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Tag(s):

US v. Villalobos (In re Villalobos)

Citation:
BAP No. NV-13-1179-JuKiTa; Bk Nos. 10-52248, 10-52249, 10-52251, 10-52252; (not appropriate for publication)
Ruling:
Though the Ninth Circuit BAP found that a confirmed chapter 11 plan had been substantially consummated, the BAP nevertheless reversed the Bankruptcy Court's confirmation order.
Judge(s):
JURY, KIRSCHER and TAYLOR, Bankruptcy Judges
Tag(s):

Francis v. Wallace (In re Francis)

Citation:
BAP No. NC-13-1300-DJuKi; Bk No 12-11910; Adv. No 13-01040 (for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's summary judgment ruling that the debtor’s obligation to “pay and hold Wife harmless” from certain credit card debt under a marital...
Judge(s):
DUNN, KIRSCHER and JURY, Bankruptcy Judges
Tag(s):

Shapiro v. Grossman (In re Grossman)

Citation:
BAP No. NV-13-1325-JuKiTa; Bk No 13-13792-LBR (not for publication)
Ruling:
The Ninth Circuit BAP reversed the Bankruptcy Court’s decision in granting the Debtor’s motion to dismiss her chapter 7 case, vacated the dismissal order and remanded the case to the Bankruptcy...
Judge(s):
JURY, KIRSCHER and TAYLOR, Bankruptcy Judges
Tag(s):

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