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.
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.
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.
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.
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.
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.
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.
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
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.)
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.)
