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Summaries by David Hercher

Kostecki v. Sutton (In re Sutton)

Citation:
In re Sutton, No. EC-14-1204-JuFD (9th Cir. B.A.P. Dec. 3, 2015).
Ruling:
A case-terminating sanction may not be imposed absent bad faith or consideration of a more moderate penalty, such as a continuance. Not-for-publication memorandum.
Judge(s):
Meredith A. Jury, Robert J. Faris, and Randall L. Dunn, Bankruptcy Judges.
Tag(s):

Batali v. Mira Owners Association (In re Batali)

Citation:
In re Batali, No. WW-14-1557-KiFJu (9th Cir. B.A.P. Dec. 7, 2015).
Ruling:
A chapter 13 discharge will not discharge postpetition dues owed to a Washington-state condominium association. Not-for-publication memorandum.
Judge(s):
Ralph B. Kirscher, Meredith A. Jury, and Robert J. Faris, Bankruptcy Judges.
Tag(s):

Carpenter v. MT Dept. of Labor and Industry Unemployment Insurance Contributions Bureau (In re Carpenter)

Citation:
In re Carpenter, No. MT-14-1499-KlPaJu (9th Cir. B.A.P. Nov. 18, 2015).
Ruling:
An individual debtor’s liability for unpaid Montana corporate unemployment taxes less than three years old is entitled to priority under 507(a)(8)(E).
Judge(s):
Jim D. Pappas and Meredith A. Jury, Bankruptcy Judges, and Christopher M. Klein, United States Bankruptcy Judge for the Eastern District of California, sitting by designation. Opinion by Judge Klein.
Tag(s):

Chandler v. McIntosh (In re McIntosh)

Citation:
In re McIntosh, No. NC-15-1029-JuTaD (9th Cir. B.A.P. Nov. 3, 2015).
Ruling:
After chapter 13 debtor discharged her lawyer, lawyer breached duty of loyalty to debtor by challenging debtor’s exemption claim in order to collect lawyer’s fee. Not-for-publication memorandum.
Judge(s):
Meredith A. Jury, Laura S. Taylor, and Randall L. Dunn, Bankruptcy Judges.
Tag(s):

Etihiri v. Kannter (In re Kanter)

Citation:
In re Kanter, No. CC-15-1059-DTaKu (9th Cir. B.A.P. Oct. 13, 2015).
Ruling:
A debtor-defendant in a § 523(a)(2) action waives the defense of the untimeliness of the complaint by not raising it as an affirmative defense. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

America's Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard)

Citation:
In re Schwartz-Tallard, No. 1260052 (9th Cir. Oct. 14, 2015).
Ruling:
A debtor may recover all attorney fees incurred in prosecuting an action for damages under § 362, not just those incurred until the stay violation ceases.
Judge(s):
Sidney R. Thomas, Chief Judge, Stephen Reinhardt, Diarmuid F. O’Scannlain, M. Margaret McKeown, William A. Fletcher, Richard C. Tallman, Carlos T. Bea, Milan D. Smith, Jr., Sandra S. Ikuta, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Watford; concurrence by Judge Bea; dissent by Judge Ikuta.
Tag(s):

In re Mainline Equipment, Inc., No. CC-14-1429-TaKuD (9th Cir. B.A.P. Sep. 30, 2015).

Citation:
In re Mainline Equipment, Inc., No. CC-14-1429-TaKuD (9th Cir. B.A.P. Sep. 30, 2015).
Ruling:
A California lien on personal property for unpaid property taxes is avoidable under Bankruptcy Code § 545(2).
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Randall L. Dunn, Bankruptcy Judges.
Tag(s):

Penrod v. AmeriCredit Financial Services, Inc. (In re Penrod)

Citation:
In re Penrod, No. 13-16097 (9th Cir. Oct 1, 2015).
Ruling:
Under California’s reciprocal attorney-fee statute, a chapter 13 debtor who prevailed in litigation regarding the § 1325(a) hanging paragraph may recover attorney fees from the creditor.
Judge(s):
Susan P. Graber and Paul J. Watford, Circuit Judges, and Ronald Lee Gilman, Senior Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
Tag(s):

Lakhany v. Khan (In re Lakhany)

Citation:
In re Lakhany, No. CC-14-1486-BrDKi (9th Cir. B.A.P. Sep. 28, 2015).
Ruling:
A creditor without notice of a chapter 7 case may bring a § 523 action after the deadline applicable to creditors with notice—and after case closure. A closed case need not be reopened before a...
Judge(s):
Randall L. Dunn and Ralph B. Kirscher, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation. Opinion by Judge Brandt.
Tag(s):

Hughes, et al. v. Tower Park Properties, LLC (In the Matter of Tower Park Properties, LLC)

Citation:
In the Matter of Tower Park Properties, LLC, No. 13-56045 (9th Cir. Sep. 28, 2015).
Ruling:
A trust beneficiary lacks standing to oppose a settlement between the trust and a bankruptcy estate.
Judge(s):
Raymond C. Fisher and Jay S. Bybee, Circuit Judges, and Elizabeth E. Foote, District Judge for the Western District of Louisiana, sitting by designation. Opinion by Judge Bybee.
Tag(s):

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