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Summaries by David Hercher

Barton Properties, Inc. v. Blaskey (In re Blaskey)

Citation:
In re Blaskey, No. CC-14-1340-KuDKi (9th Cir. B.A.P. Feb. 27, 2015).
Ruling:
The ordinary preponderance-of-the-evidence standard applies to the determination of factual issues in nondischargeability actions. Not-for-publication memorandum.
Judge(s):
Frank L. Kurtz, Randall L. Dunn, and Ralph B. Kirscher, Bankruptcy Judges.
Tag(s):

Schlegel v. Billingslea, Jr. (In re Schlegel)

Citation:
In re Schlegel, No. SC-14-1132-KiKuJu (9th Cir. B.A.P. Feb. 25, 2015).
Ruling:
As a matter of first impression, a chapter 13 case may be dismissed for the debtors’ failure to pay the required percentage dividend to unsecured creditors, even if they make all required plan...
Judge(s):
Ralph B. Kirscher, Frank L. Kurtz, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Wegesend v. Onewest Bank (In re Wegesend)

Citation:
In re Wegesend, No. HI-14-1236-KuJuKi (9th Cir. B.A.P. Feb. 20, 2015).
Ruling:
Bankruptcy court improperly granted motion to dismiss, treated as motion for summary judgment, without giving nonmovant opportunity for discovery. (Not-for-publication memorandum.)
Judge(s):
Frank L. Kurtz, Meredith A. Jury, and Ralph B. Kirscher, Bankruptcy Judges.
Tag(s):

Marlow Manor Downtown, LLC v. Wells Fargo Bank (In re Marlow Manor Downtown LLC)

Citation:
In re Marlow Manor Downtown, LLC, No. AK-14-1122-JuKiKu (9th Cir. B.A.P. Feb. 6, 2015).
Ruling:
A chapter 11 debtor’s plan may not classify an under-secured creditor’s claim as entirely secured unless the creditor itself makes the section 1111(b)(2) election. (Not-for-publication...
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

The Zuercher Trust of 1999 v. Kravitz (In re The Zuercher Trust of 1999)

Citation:
In re The Zuercher Trust of 1999, No. NC-13-1299-PaJuKu (9th Cir. B.A.P. Dec. 17, 2014).
Ruling:
The appeal of a sale-approval order is not equitably moot if the buyer is before the court and the sale can be unwound equitably. Allegations of events occurring after bankruptcy-court approval of...
Judge(s):
Jim D. Pappas, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Mano-Y&M, Ltd v. Field (In re The Mortgage Store, Inc.)

Citation:
In re The Mortgage Store, Inc., No. 13-16020 (9th Cir. Dec. 5, 2014).
Ruling:
An initial transferee under § 550(a)(1) is one who has “dominion” over the transferred property by both holding legal title to the property and having the ability to use it as the transferee...
Judge(s):
A. Wallace Tashima, Johnnie B. Rawlinson, and Richard R. Clifton, Circuit Judges.
Tag(s):

Del Toro Loan Servicing Inc. v.Takowsy (In re Takowsky)

Citation:
In re Takowsky, No. CC-13-1376-TaSpD (9th Cir. B.A.P. Nov. 12, 2014).
Ruling:
The bankruptcy court could enter final judgment in a noncore, related action with the parties’ consent. Not-for-publication memorandum.
Judge(s):
Laura S. Taylor, Randall L. Dunn, and Gary S. Spraker, Bankruptcy Judges. Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, sat by designation.
Tag(s):

Rev Op Group v. Mil Manager LLC (In the Matter of Mortgages Ltd)

Citation:
Matter of Mortgages Ltd., No. 12-15234 (9th Cir. Nov. 12, 2014).
Ruling:
Two appeals were dismissed as equitably moot because, among other things, appellants did not seek stays of the appealed orders.
Judge(s):
J. Clifford Wallace and Jay S. Bybee, Circuit Judges, and Robert W. Gettleman, Senior District Judge for the Northern District of Illinois, sitting by designation
Tag(s):

Wallace v. Rosales (In re Wallace)

Citation:
In re Wallace, BAP No. NV-13-1518-JuHlPa (9th Cir. B.A.P. Oct. 28, 2014).
Ruling:
Chapter 7 debtors are not entitled to an award of attorney fees incurred in defending on appeal the bankruptcy court’s order finding a creditor in contempt for violating the discharge injunction....
Judge(s):
Meredith A. Jury, Mark D. Houle, and Jim D. Pappas, Bankruptcy Judges. (Judge Houle, Bankruptcy Judge for the Central District of California, was sitting by designation.)
Tag(s):

The Bankruptcy Law Firm, PC v. Siegel (In re Waksberg)

Citation:
In re Waksberg, BAP No. CC-14-1102-DTaSp (9th Cir. B.A.P. Oct. 15, 2014).
Ruling:
Two chapter 7 estates should not be substantively consolidated over the material substantive objection of an administrative claimant against one estate. Not for publication memorandum decision.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Gary A. Spraker, Bankruptcy Judges. (Judge Spraker, Chief Bankruptcy Judge for the District of Alaska, was sitting by designation.)
Tag(s):

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