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Summaries by David Hercher

Pham v. Golden (In re Pham)

Citation:
In re Pham, No. CC-14-1342-KiBrD (9th Cir. B.A.P. Sep. 2, 2015).
Ruling:
The bankruptcy court could not rely on three local bankruptcy rules of the Central District of California to impose discovery sanctions on nonparties and their lawyer.
Judge(s):
Ralph B. Kirscher and Randall L. Dunn, Bankruptcy Judges, and Philip H. Brandt, United States Bankruptcy Judge for the Western District of Washington, sitting by designation.
Tag(s):

Lopez v. Gill (In re Lopez)

Citation:
In re Lopez, No. CC-14-1450-TaKuPe (9th Cir. B.A.P. Sep. 3, 2015).
Ruling:
Debtor’s receipt of workers’ compensation disability benefits did not by itself establish her disability entitling her to a California enhanced homestead exemption. Unpublished memorandum.
Judge(s):
Laura S. Taylor and Frank L. Kurtz, Bankruptcy Judges, and Elizabeth L. Perris, United States Bankruptcy Judge for the District of Oregon, sitting by designation.
Tag(s):

Ferrante v. Casey (In re Ferrante)

Citation:
In re Ferrante, No. CC-14-1222-KiTaPa (9th Cir. B.A.P. Aug. 26, 2015).
Ruling:
A qualified personal residence trust (“QPRT”) fails, and its assets revert to the grantor and become property of the estate upon the grantor’s bankruptcy, if the trust contains a prohibited...
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Bos v. Board of Trustees

Citation:
In re Gregory Bos, No. 13-15604 (9th Cir. July 30, 2015).
Ruling:
Debtor was not § 523(a)(4) fiduciary when he failed to make contributions to ERISA employee-benefit funds.
Judge(s):
Diarmuid F. O’Scannlain and Sandra S. Ikuta, Circuit Judges, and Larry A. Burns, District Judge (S.D. Cal.), sitting by designation.
Tag(s):

MacKenzie v. Neidorf (In re Neidorf)

Citation:
In re Neidorf, BAP No. AZ-14-1496-JuKiPa (9th Cir. B.A.P. July 10, 2015).
Ruling:
A national-mortgage-settlement payment paid to a chapter 7 debtor after the petition date was property of the debtor, not the estate.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Song v. Lee (In re Lee)

Citation:
In re Lee, BAP No. NC-14-1423-DKiTa (9th Cir. B.A.P. June 29, 2015).
Ruling:
The bankruptcy court properly imposed contempt sanctions on creditors for violating the discharge injunction. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Ralph B. Kirscher, and Laura S. Taylor, Bankruptcy Judges.
Tag(s):

Watson v. Gill (In re Watson)

Citation:
In re Watson, BAP No. CC-14-1351-DTaKu (9th Cir. B.A.P. June 25, 2015).
Ruling:
The bankruptcy court properly exercised its discretion to approve retroactively a chapter 7 trustee’s employment of a law firm. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Auyeung v. Christensen (In re Auyeung)

Citation:
In re Auyeung, BAP No. EC-14-1382-JuKuPa (9th Cir. B.A.P. June 9, 2015).
Ruling:
Judicial estoppel barred chapter 13 debtors from avoiding a judicial lien on their homestead. In a prior chapter 13 case, they failed to comply with a confirmed plan requiring them to sell the...
Judge(s):
Meredith A. Jury, Frank L. Kurtz, and Jim D. Pappas, Bankruptcy Judges.
Tag(s):

Hillsman v. Escoto (In re Escoto)

Citation:
In re Escoto, BAP No. NV-14-1358-KuDJu (9th Cir. B.A.P. May 15, 2015).
Ruling:
A debtor’s concealment from a creditor of an event that triggers a creditor’s right to immediate payment of a loan constitutes an extension of credit under section 523(a)(2)(A)....
Judge(s):
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Frealy v. Reynolds

Citation:
Frealy v. Reynolds, No. 12-60068 (9th Cir. Mar. 9, 2015).
Ruling:
The Ninth Circuit has asked the California Supreme Court whether Probate Code § 15306.5 imposes an absolute cap of 25% on a bankruptcy estate’s access to a debtor-beneficiary’s interest in a...
Judge(s):
Alex Kozinski and Susan P. Graber, Circuit Judges, and Charles R. Breyer, Senior District Judge for the Northern District of California, sitting by designation.
Tag(s):

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