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Summaries by David Hercher
- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 12 years 4 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 12 years 7 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 12 years 7 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 12 years 9 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 12 years 10 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 13 years 6 days ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 13 years 3 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 14 years 5 months ago
- 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):
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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 14 years 11 months ago
- 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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- Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
- 15 years 1 month ago
- Citation:
- No. 08-56288 (9th Cir. Apr. 11, 2011)
- Ruling:
- An apartment property manager engaged before a tenant became in default for nonpayment of rent was not a “debt collector” under the federal Fair Debt Collection Practices Act. The act exempts...
- Tag(s):
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