ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

Summaries by David Hercher

Kun v. Mansdorf (In re Woodcraft Studios, Inc.)

Citation:
In re Woodcraft Studios, Inc., No. NC-15-1143-WJuKu (9th Cir. B.A.P. July 22, 2016). Not-for-publication memorandum.
Ruling:
After a bankruptcy court has denied a request for compensation by the attorney for a debtor in possession, the attorney’s proof of claim for the denied compensation may also be disallowed.
Judge(s):
Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Weilert v. Gwartz (In re Weilert)

Citation:
In re Weilert, No. EC-15-1144-JuDTa (9th Cir. B.A.P. July 8, 2016). Not for publication.
Ruling:
The lien of a judgment is avoidable under 522(f)(1)(A) even if the property is held in a trust of which the debtor is trustor, trustee, and beneficiary.
Judge(s):
Meredith A. Jury, Randall B. Dunn, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Ulrich v. Walker (In re Boates)

Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Desert Pine CVillas Homeowners Assoc. v. Kabiling (In re Kabiling)

Citation:
In re Kabiling, No. NV-15-1380-BDF (9th Cir. B.A.P. June 14, 2016). Ordered published.
Ruling:
A creditor violates the discharge injunction by requesting an award of attorney fees against debtors in a post-foreclosure quiet-title action commenced by the creditor.
Judge(s):
Martin R. Barash, Bankruptcy Judge for the Central District of California, sitting by designation, and Randall L. Dunn and Robert J. Faris, Bankruptcy Appellate Panel Judges.
Tag(s):

Hooshim, et al. v. Wolkowitz (In re Kim)

Citation:
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling:
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
Tag(s):

Scheer v. The State Bar of California, et al. (In re Scheer)

Citation:
In re Scheer, No. 14-56622 (9th Cir. Apr. 15, 2016).
Ruling:
An arbitration award against a debtor-attorney for an improperly collected client fee is dischargeable under 523(a)(7). Published.
Judge(s):
Marsha S. Berzon and John B. Owens, Circuit Judges, and Algenon L. Marbley, District Judge for the Southern District of Ohio, sitting by designation.
Tag(s):

Arnot v. Endersen, et al. (In re Endersen)

Citation:
In re Endresen, No. OR-15-1141-KiFJu (9th Cir. B.A.P. Apr. 8, 2016).
Ruling:
Assignment to a trust-deed beneficiary of proceeds of damage to the property gave the beneficiary a lien on funds paid in settlement of construction-defect litigation, notwithstanding 552. Published.
Judge(s):
Ralph B. Kirscher, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Murtaza v. Sigmund, et al. (In re Murtaza)

Citation:
In re Murtaza, No. CC-15-1075-KuFTa (9th Cir. B.A.P. Feb. 4, 2016).
Ruling:
A bankruptcy court may not grant summary judgment in a 727(a)(4)(A) action absent the debtor’s admission that she knowingly and fraudulently made errors and omissions in her schedules and...
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Tag(s):

Kochetov v. California Employment Development Department (In re Kochetov)

Citation:
In re Kochetov, No. SC-15-1034-FJuKi (9th Cir. B.A.P. Mar. 25, 2016).
Ruling:
A bankruptcy court may not decline to reopen a closed chapter 7 case due to the passage of time. Not-for-publication memorandum.
Judge(s):
Robert J. Faris, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

Taylor v. Singh (In re Singh)

Citation:
In re Singh, No. CC-15-1126-TaFC (9th Cir. B.A.P. Feb. 26, 2016).
Ruling:
A lawyer’s failure to prepare a status report before an adversary-proceeding status conference did not warrant the terminating sanction of dismissal of the action. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor and Robert J. Faris, Bankruptcy Appellate Panel Judges, and Fred C. Corbit, Chief Bankruptcy Judge for the Eastern District of Spokane, sitting by designation.
Tag(s):

Pages

About us in numbers

3240 in the system

3121 Summarized

0 Being Processed