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Summaries by David Hercher

In re Kupfer, No. 14-16697 (9th Cir. Dec. 29, 2016)

Citation:
No. 14-16697 (9th Circuit, Dec 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:
502(b)(6) cap applies to attorney fees for litigating lessor's claim for future, but not past, rent.
Judge(s):
Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett, District Judge for the Northern District of Iowa, sitting by designation. Opinion by Judge Graber.
Tag(s):

In re Renewable Energy, Inc., BAP No. WW-15-1089-KuJuTa (9th Cir. B.A.P. Dec. 9, 2016)

Citation:
WW-15-1089-KuJuTa (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

Debtor bar-operator’s failure to obtain liquor-liability insurance warranted conversion to chapter, rather than dismissal, of its chapter 11 case.

Judge(s):
Frank L. Kurtz, Meredith A. Jury, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

In re Wojcik

Citation:
BAP No. CC-16-1172-KiFPa (9th Circuit, Nov 30,2016) Published
Case Status:
Affirmed
Ruling:

Petition preparer was strictly liable for violating 110 by using term "paralegal" in firm name and advertisement.

Judge(s):
Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Jim D. Pappas, U.S. Bankruptcy Judge for the District of Idaho, sitting by designation
Tag(s):

Hobbs v. State of Arizona (In re Hobbs)

Citation:
In re Hobbs, BAP No. AZ-15-1397-LJuF (9th Cir. B.A.P. Oct. 13, 2016). Not for publication.
Ruling:
In a 523 action, the Rooker-Feldman doctrine bars a debtor’s attack on a state-court judgment’s culpability determination.
Judge(s):
William J. Lafferty, III, Meredith A. Jury (Chief Judge), and Robert J. Faris, Bankruptcy Appellate Judges.
Tag(s):

Picerne Construction Corp. v. Castellino Villas, A.K.F. LLC (in re Castellino Villas, A.K.F. LLC)

Citation:
In re Castellino Villas, A.K.F. LLC, No. 12-57186 (9th Cir. Sep. 6, 2016). Published.
Ruling:
A chapter 11 debtor that continues after plan confirmation to defend a creditor’s prepetition lien-enforcement action has not “returned to the fray,” and the creditor’s postpetition...
Judge(s):
Michael J. Melloy, Senior Circuit Judge for the Eighth Circuit Court of Appeals, and Jay S. Bybee and Sandra S. Ikuta, Ninth Circuit Judges. Opinion by Judge Ikuta.
Tag(s):

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

Citation:
In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.
Ruling:
In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.
Tag(s):

Vizconde v. McCandless (In re Carrera)

Citation:
In re Carrera, No. NC-15-1383-KiTaJu (9th Cir. B.A.P. Aug. 16, 2016). Not for publication.
Ruling:
A chapter 13 debtors’ lawyer’s involvement in two bad-faith chapter 13 filings warranted FRBP 9011 monetary sanctions on the bankruptcy court’s own motion.
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Appellate Panel Judges.
Tag(s):

Bencomo v. Avery (In re Bencomo)

Citation:
In re Bencomo, No. CC 15-1442-DKuF (9th Cir. B.A.P. Aug. 8, 2016). Not for publication.
Ruling:
The bankruptcy court failed to consider whether the chapter 7 debtor’s use of homestead proceeds to make residential rent payments qualified as reinvestment under Cal. Code Civ. P. § 704.720(b).
Judge(s):
Randall L. Dunn, Frank L. Kurtz, and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Tag(s):

An v. Kwon (In re An)

Citation:
In re An, No. CC-16-1001-KuFKi (9th Cir. B.A.P. July 27, 2016). Not for publication.
Ruling:
A California state-court judgment awarding damages for wrongful possession of real property can support a 523(a)(6) judgment for willful and malicious injury.
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

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