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Summaries by David Hercher
- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 9 years 10 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 9 years 10 months ago
- 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 Not for publication.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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 9 years 10 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 9 years 11 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 1 month ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 1 month ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 1 month ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 2 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 2 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 3 months ago
- 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):
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