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Summaries by David Hercher
- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 10 years 12 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 3 days ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 3 days ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 3 weeks ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 2 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 2 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 3 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 3 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 4 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 11 years 4 months ago
- 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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