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Summaries by David Hercher

Hudson v. Martingale Investments, LLC (In re Hudson)

Citation:
In re Hudson, No. CC-13-1264-BaPaKu (9th Cir. B.A.P. Jan. 14, 2014).
Ruling:
An exhibit attached to a declaration, not made by the declarant, was inadmissible under the business-records hearsay-rule exception because the declaration did not state that (1) the declarant kept...
Judge(s):
Eddward P. Ballinger, Jr. (Bankruptcy Judge for the District of Arizona, sitting by designation), Pappas, and Kurtz.
Tag(s):

Hardcastle v. Greer (In re Hardcastle)

Citation:
In re Hardcastle, No. EC-13-1072-PaJuKi (9th Cir. B.A.P. Nov. 7, 2013).
Ruling:
A collateral-valuation order determining that a claim must be treated as an unsecured claim in any chapter 13 plan requires that the claim be treated as an allowed unsecured claim, even if the...
Judge(s):
Pappas, Jury, and Kirscher, Bankruptcy Appellate Panel Judges.
Tag(s):

Bershadskiy v. Rodeo Realty, Inc (In re Bershadskiy)

Citation:
Bershadskiy v. Rodeo Realty, Inc. (In re Bershadskiy), No. CC-12-1452-TaKuKi (9th Cir. B.A.P. Oct. 15, 2013)
Ruling:
According to this not-for-publication decision of the 9th Circuit B.A.P., if a debtor sells real property after canceling a listing agreement and without disclosing the sale to the broker, the...
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Ralph B. Kirscher, Bankruptcy Judges.
Tag(s):

Carpenters Pension Trust Fund for Northern California v. Michael Gordon Moxley

Citation:
Carpenters Pension Trust Fund for Northern California v. Michael Gordon Moxley, aka MGM's Cabinet Installation Services, No. 11-16133 (9th Cir. Aug. 20, 2013)
Ruling:
The claim under ERISA of a multiemployer pension fund against an individual chapter 7 debtor-employer for amounts due after the debtor withdrew from a multiemployer bargaining agreement is not...
Judge(s):
Mary M. Schroeder and Consuelo M. Callahan, Circuit Judges, and Sarah S. Vance, Chief District Judge for the Eastern District of Louisiana, sitting by designation. Opinion by Judge Schroeder.
Tag(s):

Ah Quin v. County of Kauai Dept of Transportation

Citation:
Ah Quin v. County of Kauai Dep’t of Transp., No. 10-16000 (9th Cir. July 24, 2013)
Ruling:
Judicial estoppel does not bar a debtor from prosecuting an unscheduled cause of action if, when completing the schedules, the debtor lacked the subjective intent to conceal.
Judge(s):
Susan P. Graber, Jay S. Bybee, and Morgan Christen, Circuit Judges. Opinion by Judge Graber; dissent by Judge Bybee.
Tag(s):

Bronson v. Thompson (In re Bronson)

Citation:
In re Bronson, No. AZ-12-1320-MkDJu (9th Cir. B.A.P. May 29, 2013).
Ruling:
In this not-for-publication memorandum decision, the Ninth Circuit BAP affirmed conversion of a chapter 11 case to chapter 7 because the debtors were unable to confirm and effectuate a plan within...
Judge(s):
BAP Judges Markell, Dunn, and Jury
Tag(s):

Leavitt v. Finney (In re Finney)

Citation:
In re Finney, No. NV-12-1032-DJuKi (9th Cir. B.A.P. Feb. 6, 2013).
Ruling:
Because the chapter 13 debtor received a chapter 7 discharge in a prior case commenced during the four-year period before the current petition date, she was not entitled to a discharge in the...
Judge(s):
BAP Judges Dunn, Jury, and Kirscher; opinion by Judge Dunn.
Tag(s):

Ebell Media, Inc. v. Reaty Corp. (In re Ebell Media, Inc.)

Citation:
In re Ebell Media, Inc., No. 10-55654 (9th Cir. Dec. 19, 2011)
Ruling:
In this not-for-publication memorandum, the Ninth Circuit affirmed a bankruptcy court’s grant of stay relief—based on the corporate debtor having commenced its chapter 7 case in bad faith—to...
Judge(s):
W. Fletcher and Rawlinson, Circuit Judges, and Singleton, Senior District Judge, District of Alaska, sitting by designation
Tag(s):

J.J. Re-Bar Corp., Inc. v. US (In re J.J. Re-Bar Corp., Inc.)

Citation:
J.J. Re-Bar Corp., Inc. v. United States of America (In re J.J. Re-Bar Corp., Inc.), No. 09-60054 (9th Cir. June 24, 2011)
Ruling:
A corporate chapter 11 debtor that has not paid federal employment trust-fund taxes may not invoke a confirmed plan’s discharge injunction to prevent the IRS from collecting trust-fund recovery...
Tag(s):

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