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Summaries by Clifford Stevens

Village Park Community Association v. Faitalia (In re Faitalia)

Citation:
HI-16-1170-JuTaKu (9th Circuit, Dec 06,2016) Published
Case Status:
Reversed
Ruling:

After Chapter 13 Debtors successfully stripped homeowner association lien for purposes of plan confirmation, bankruptcy court erred in awarding attorneys fees and costs to Chapter 13 Debtor as...

Judge(s):
JURY, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

Booker Theodore Wade, Jr. v. Forest Villa Homeowners' Association

Citation:
Ninth Circuit BAP No. NC-14-1562-DJuTa (Nov. 17, 2015)
Ruling:
Bankruptcy court properly found that Debtor had no standing to contest lien claim of homeowners association in a no-asset chapter 7 case where debtor's discharge had been entered and relief from...
Judge(s):
DUNN, JURY, and TAYLOR, Bankruptcy Judges
Tag(s):

Ng-A-Qui v. College Assist (In re Ng-A-Qui)

Citation:
Ninth Circuit BAP No. WW-14-1551-FJuKi
Ruling:
Applying the three-part Brunner test, Appellant failed to meet her burden to demonstrate undue hardship while attempting to discharge her student loan debt pursuant to 11 USC § 523 (a)(8). Under...
Judge(s):
FARIS, JURY and KIRSCHER, Bankruptcy Judges
Tag(s):

Gugino v. Greater Rome Bank (In re Payroll America, Inc.)

Citation:
Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)
Ruling:
Trustee failed to demonstrate a fraudulent transfer where Defendant bank had no dominion over the money transferred from Debtor and was therefore not an initial transferee; bank was not an entity...
Judge(s):
NGUYEN and FRIEDLAND, Circuit Judges and CARNEY District Judge sitting by designation.
Tag(s):

Palm Finance Corp. v. Eberts (In re Eberts)

Citation:
9th Cir. Case No. 13-55691 (May 26, 2015). Not for publication.
Ruling:
Bankruptcy court properly concluded that parts of debt were not excepted from discharge under § 523(a)(4) or (6) and prejudgment interest on the nondischargeable amounts was properly calculated in...
Judge(s):
Lipez, Wardlaw, and Murguia, Circuit Judges.
Tag(s):

Partida v. U.S., Dept. of Justice (In re Partida)

Citation:
9th Cir. BAP No. NV-14-1482-JuKuPa (May 27, 2015)
Ruling:
Mandatory Victims Restitution Act (MVRA) overrides the operation of the automatic stay. MVRA provides that "[n]otwithstanding any other Federal law, ... [the United States may enforce a judgment...
Judge(s):
JURY, KURTZ, and PAPPAS, Bankruptcy Judges.
Tag(s):

Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In re Halloum)

Citation:
9th Cir. BAP Case No. EC-14-1219-JuKuPa (May 19, 2015)
Ruling:
Bankruptcy Court findings of fact were insufficient to support a disputed fee award where Debtor claimed that Counsel had agreed to flat fee of $40,000 for chapter 11 filing. Order awarding fees...
Judge(s):
Jury, Kurtz, and Pappas, Bankruptcy Judges
Tag(s):

Shamam v. Motzkin (In re Shamam)

Citation:
9th Cir. BAP No. CC-14-1274 and No. CC-14-1300
Ruling:
BAP affirmed bankruptcy court in holding: 1) Bankruptcy court acted within it's discretion for entry of default and default judgment as to nondischargeability of debt; 2) the bankruptcy court did...
Judge(s):
Taylor, Pappas, and Kirscher
Tag(s):

Valley Health Systems Retirement Plan v. Kirton (In re Valley Health Systems)

Citation:
Ninth Circuit Case No. 12-60019 (August 7, 2014) (Unpublished)
Ruling:
"Related to" jurisdiction exists when there is a close nexus between the bankruptcy plan and a mandamus petition. A close nexus exists when resolution of mandamus petition requires court to...
Judge(s):
Pregerson and Wardlaw, Circuit Judges, and Burrell, Senior District Judge sitting by designation.
Tag(s):

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