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Summaries by David Hercher

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation:
In re Chagolla, No. 15-1142-JuKuW (9th Cir. B.A.P. Feb. 9, 2016).
Ruling:
A debtor may avoid an unsecured junior lien even after plan confirmation, discharge, and case closure, absent unfair prejudice to the secured creditor. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, Bankruptcy Judge for the District of Arizona, sitting by designation.
Tag(s):

Hebert v. Rakich (In re Hebert)

Citation:
In re Hebert, No. NV-14-1575-DJuKi (9th Cir. B.A.P. Feb. 23, 2016).
Ruling:
Issue preclusion arising from a nondischargeability judgment in debtor 1’s case supports nondischargeability in debtor 2’s case. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

Shalaby v. Mansdorf (In re Nakhuda)

Citation:
In re Nakhuda, No. NC-15-1149-JuKuW (9th Cir. B.A.P. Feb. 4, 2016).
Ruling:
A bankruptcy court may not impose sua sponte sanctions on a lawyer without finding that the lawyer’s acts were akin to contempt. Published.
Judge(s):
Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges, and Madeleine C. Wanslee, United States Bankruptcy Jude for the District of Arizona, sitting by designation.
Tag(s):

Leslie Gladstone v. U.S. Bancorp

Citation:
Gladstone v. U.S. Bancorp, No. 13-55773 (9th Cir. Jan. 8, 2016).
Ruling:
A trustee may seek to avoid as fraudulent the debtor’s prepetition sale of a term life-insurance policy.
Judge(s):
Sidney R. Thomas, Chief Judge, Consuelo M. Callahan, Circuit Judge, and James K. Singleton, Senior District Judge for the U.S. District Court for the District of Alaska, sitting by designation. Opinion by Chief Judge Thomas.
Tag(s):

Free v. Malaier (In re Free)

Citation:
In re Free, No. WW-14-1395-JuKiF (9th Cir. B.A.P. Dec. 17, 2015)
Ruling:
In personam liability on undersecured debt that is discharged in chapter 7 is not counted toward the unsecured-debt limit in a subsequent chapter 13 case.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Robert J. Faris, Bankruptcy Judges. Opinion by Judge Jury.
Tag(s):

U.S. v. Martin (In re Martin)

Citation:
In re Martin, BAP No. EC-14-1180-KuKiTa (9th Cir. B.A.P. Dec. 17, 2015). Published.
Ruling:
A late-filed tax return can be a return under section 523(a)(1) if, among other things, the return represents an honest and reasonable attempt to satisfy the requirements of the tax law.
Judge(s):
Frank L. Kurtz, Ralph B. Kirscher, and Laura S Taylor, Bankruptcy Appellate Panel Judges. Opinion by Judge Kurtz.
Tag(s):

Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli)

Citation:
In re Stijakovich-Santilli, No. EC-15-1000-FDJu (9th Cir. B.A.P. Dec. 15, 2015).
Ruling:
To object to an exemption as fraudulently claimed, a trustee need not demonstrate that the trustee could not have discovered the fraud, and the trustee may rely on the debtor’s statements made...
Judge(s):
Robert J. Faris, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges. Opinion by Judge Faris.
Tag(s):

In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Citation:
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling:
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s):
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
Tag(s):

Golden v. Clay Lacy Aviation, Inc. (In re Aletheia Research and Management, Inc.)

Citation:
In re Aletheia Research and Management, Inc., No. CC-15-1081-KiTaKu (9th Cir. B.A.P. Dec. 10, 2015).
Ruling:
In a constructive-fraudulent-transfer action, the trustee’s bare allegation that the debtor was insolvent when it made the transfers does not demonstrate plausibility under Twombly....
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Melcher v. Richardson (In re Melcher)

Citation:
In re Melcher, No. NC-14-1573-TaDJu (9th Cir. B.A.P. Dec. 7, 2015).
Ruling:
A pre-filing order may not permit a court to bar a proposed pleading because the pleading lacks merit. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

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