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Summaries by Clifford Stevens
- Citation:
- Ninth Circuit Case No. 12-60032 (July 16, 2014) (Unpublished)
- Ruling:
- A "transferee” under 11 U.S.C. § 550(a)(1) is one who has legal title to the funds and the ability to use them as the recipient sees fit. This is the "dominion test". Allegations of open and...
- Judge(s):
- SILVERMAN, W. FLETCHER, and BYBEE
- Tag(s):
-
- Citation:
- No. 12-15014 (9th Cir. Feb. 27, 2014)
- Ruling:
- Attorney is required to disgorge pre-petition retainer since he failed to disclose his status as a creditor.
- Judge(s):
- Callahan and M. Smith, Circuit Judges, and Hellerstein, Senior District Judge
- Tag(s):
-
- Citation:
- CC-12-1567-KuKiTa
- Ruling:
- Foreclosure of real property was in violation of automatic stay where chapter 7 trustee abandoned real property but bankruptcy case was still open and creditor had not obtained relief from stay. ...
- Judge(s):
- KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
- Tag(s):
-
- Citation:
- BAP No. CC-12-1395-DKiTa
- Ruling:
- BAP affirmed the Bankruptcy Court holding that a colorable claim exists when party moving for Relief From Stay for cause has previously obtained a state court default judgment declaring the...
- Judge(s):
- DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges
- Tag(s):
-
- Citation:
- BAP No. 12-1330-JuKid (BAP 9th Cir. March 4, 2013)
- Ruling:
- The Ninth Circuit BAP affirmed a bankruptcy court summary judgment and found that the bankruptcy court properly held that a the debt was excepted from discharge pursuant to § 523 (a)(2) based on...
- Judge(s):
- Jury, Kirscher, and Dunn
- Tag(s):
-
- Citation:
- B.A.P. 9th Cir., Nov. 21, 2012, BAP CC-12-1093, 2012 WL 5874648
- Ruling:
- The BAP affirmed the bankruptcy court order sustaining an objection to Debtor's claim of a spousal support exemption pursuant to California Code of Civil Procedure § 704.130 (b)(10)(D). On de...
- Judge(s):
- Kirscher, Novack, and Pappas
- Tag(s):
-
- Citation:
- BAP No. SC-11-1508-HPaJu (August 13, 2012)
- Ruling:
- Affirming the bankruptcy court, the BAP held that golf course green fees and driving range fees was not part of the lender's cash collateral as it was not rents, proceeds, or profits of the...
- Judge(s):
- HOLLOWELL, PAPPAS, and JURY, Bankruptcy Judges
- Tag(s):
-
- Citation:
- Case No. 09-17449; D.C. No. 5:08-cv-00991 (March 8, 2012, 9th Circuit)
- Ruling:
- Debt Collector under Fair Debt Collection Practices Act is strictly liable for pursuing collection after debtor notified debt collector in writing that debt was disputed. Individual defendant was...
- Judge(s):
- John T. Noonan, Carlos T. Bea, Circut Judges, and Donald E. Walter, Senior District Judge sitting by designation.
- Tag(s):
-
- Citation:
- 2011 DJDAR 13682
- Ruling:
- Plaintiffs failed to state a cause of action for wrongful foreclosure when alleging that use of MERS as the named beneficiary caused a split between the deed of trust and note.
- Judge(s):
- Richard C. Tallman; Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan.
- Tag(s):
-
- Citation:
- (9th Circuit, Dec 31,1969)
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