Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 1 month 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.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 3 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.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 4 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.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 6 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.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 7 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.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
12 years 9 months 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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
13 years 3 weeks 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.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 2 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
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 8 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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
14 years 10 months 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...
