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Summaries by David Hercher
- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 5 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 5 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 5 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 7 months ago
- 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 Not for publication.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):
-
- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 9 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 9 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 9 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 10 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 10 months ago
- 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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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 6 years 10 months ago
- Citation:
- United States v. Wanland, No. 14-10170 (9th Cir. July 27, 2016). Published.
- Ruling:
- The discharge of federal taxes does not bar a federal tax-evasion prosecution.
- Judge(s):
- J. Clifford Wallace, Mary M. Schroeder, and John B. Owens, Circuit Judges. Opinion by Judge Owens.
- Tag(s):
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