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Summaries by David Hercher

Snowden v. Check into Cash of Washington, Inc

Citation:
Matter of Snowden, No. 13-35291 (9th Cir. Sep. 12, 2014).
Ruling:
For an automatic stay violation, the chapter 7 debtor was entitled to receive emotional distress damages, punitive damages, and attorney fees incurred to end the violation, but not fees incurred...
Judge(s):
Alfred T. Goodwin, M. Margaret McKeown, and Paul J. Watford, Circuit Judges.
Tag(s):

Barragan v. Brazil (In re Barragan)

Citation:
In re Barragan, BAP No. NC 13 1558 KuDJu (9th Cir. B.A.P. Aug. 26, 2014).
Ruling:
A bankruptcy court lacks jurisdiction over an adversary proceeding having no relation to a bankruptcy case pending when the complaint was filed, even if the plaintiff files a bankruptcy petition...
Judge(s):
Frank L. Kurtz, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Biixseth v. Eklund (In the Mater of BLX Group, Inc.)

Citation:
Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).
Ruling:
A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating...
Judge(s):
Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.
Tag(s):

DeLuca v. Seare (In re Seare)

Citation:
In re Seare, No. NV-13-1196-KiTaJu (9th Cir. B.A.P. Aug. 25, 2014).
Ruling:
The lawyer for a chapter 7 debtor was properly sanctioned for entering into a retainer agreement excluding dischargeability litigation without obtaining the debtor's informed consent to the exclusion.
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Meredith A. Jury, Bankruptcy Judges.
Tag(s):

Toste v. Smedberg (In re Toste)

Citation:
In re Toste, No. EC-13-1266-TaJuKu (9th Cir. B.A.P. Aug. 12, 2014).
Ruling:
A section 523(a)(6) action in a chapter 13 case is not ripe, and the bankruptcy court lacks jurisdiction, if the debtors have not yet sought a hardship discharge. (Not-for-publication memorandum.)
Judge(s):
Laura S. Taylor, Meredith A. Jury, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Schuller v. Naylor (In the Matter of: Crystal Cathedral Ministries)

Citation:
Robert H. Schuller et al. v. Karen Sue Naylor (Matter of Crystal Cathedral Ministries), No. 13-56039 (9th Cir. Aug. 4, 2014).
Ruling:
The claim of a former pastor of the debtor church was a claim for damages resulting from termination of an employment agreement and thus limited in amount by section 502(b)(7). (Not-for-publication...
Judge(s):
Harry Pregerson, Stephen Reinhardt (dissenting), and Jacqueline H. Nguyen, Circuit Judges.
Tag(s):

Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan)

Citation:
Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan), No. CC-13-1303-DKiTa (July 23, 2014)
Ruling:
The bankruptcy court properly granted in rem and retroactive stay relief in a chapter 13 case. (Not-for-publication memorandum.)
Judge(s):
Randall L. Dunn, Ralph B. Kirscher, and Laura S. Taylor, Bankruptcy Judges
Tag(s):

Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)

Citation:
Kismet Acquisition, LLC v. Icenhower (In re Icenhower), No. 10-55933 (9th Cir. July 3, 2014).
Ruling:
The bankruptcy court properly avoided the debtors’ prepetition and postpetition transfers of an interest in Mexican real property.
Judge(s):
Jerome Ferris (author), N. Randy Smith, and Paul J. Watford, Circuit Judges
Tag(s):

Godare v. Reed (In re Reed)

Citation:
Godare v. Reed (In re Reed), No. OR-11-1448-PaJuKu (9th Cir. B.A.P. Mar. 11, 2014).
Ruling:
During the appeal from an order confirming a chapter 13 plan, the Ninth Circuit decided Flores II, overruling Kagenveama, on which the bankruptcy court had relied. The B.A.P. reversed and remanded...
Judge(s):
Pappas, Jury, and Kurtz, Bankruptcy Judges
Tag(s):

Blixseth v. Yellowstone Mountain Club, LLC, et al.

Citation:
Blixseth v. Yellowstone Mountain Club, LLC, No. 12-35986 (9th Cir. Feb. 18, 2014)
Ruling:
The bankruptcy judge properly denied a recusal motion. Alleged ex parte communications by the judge were not improper; the judge did not act out of an improper or corrupt motive; and the judge did...
Judge(s):
Kozinski, Paez, and Berzon
Tag(s):

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