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Summaries by Dean Rallis

Obsidian Finance Group, LLC v. Cox

Citation:
No. 12-35238 / D.C. No. 3:11-cv-00057-HZ (for publication)
Ruling:
The Ninth Circuit reversed and remanded for new trial the District Court’s granting judgment in favor of the bankruptcy trustee against a blogger on one count for defamation, and affirmed the...
Judge(s):
SMITH, ALARCÓN AND HURWITZ, Circuit Judges,
Tag(s):

Thruston v. Reaves (In re Thruston)

Citation:
BAP No. AZ-12-1297-TaAhJu/Bk. No. 10-27593 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP vacated the Bankruptcy Court's order granting the trustee's motion for summary judgment denying the debtor's discharge and remanded for further proceedings.
Judge(s):
TAYLOR, AHART and JURY, Bankruptcy Judges
Tag(s):

Galindo v. Whited (In re Galindo)

Citation:
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
Judge(s):
BASON, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Hedlund v. The Educational Resources Institute Inc.

Citation:
No. 12-35258/D.C. No. 6:11-cv-6281-AA (for publication)
Ruling:
The Ninth Circuit held that the Bankruptcy Court's findings in support of its order granting a partial discharge of the debtor's student loans under §523(a)(8) were not clearly erroneous,...
Judge(s):
PREGERSON, TASHIMA and SMITH, Circuit Judges
Tag(s):

Collect Access LLC v. Hernandez (In re Hernandez)

Citation:
BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)
Ruling:
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Judge(s):
JURY, MARKELL, and PAPPAS, Bankruptcy Judges
Tag(s):

Kekauoha-Alisa v. Ameriquest Mortgage Co. (In re Kekauoha-Alisa)

Citation:
No. 09-60019/BAP No. HI-08-1166-JuPaD (for publication)
Ruling:
The Ninth Circuit held that the lender's failure to publicly announce the postponement of a non-judicial foreclosure sale violated Hawaii’s non-judicial foreclosure statute and constituted a...
Judge(s):
GOODWIN, TROTT AND MURGUIA, Circuit Judges
Tag(s):

Sumpter v. Kirschner (In re Yellowstone Mountain Club, LLC)

Citation:
No. 11-35368 / D.C. No. 2:10-cv-00054-SEH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the Montana District Court’s order affirming the Bankruptcy Court’s grant of summary judgment in favor of the liquidating trustee determining and fixing the amount of...
Judge(s):
SCHROEDER, ALARCÓN AND GOULD, Circuit Judges
Tag(s):

Allen Group Partners v. Golden (In re Eisen)

Citation:
No. 10-55227 / D.C. No. 8:09-cv-00952-TJH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s approval of the trustee’s sale of real property free and clear of all liens and interests...
Judge(s):
LEAVY, WARDLAW, Circuit Judges, and MAHAN, District Judge
Tag(s):

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