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Margaret Kinney v. HSBC Bank USA

Summarizing by Bradley Pearce

In re Anthony Ray Lincoln

Summarizing by Mawerdi Hamid

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Summaries by Thomas Phinney

Bobka v. Toyota Motor Credit Corporation

Citation:
No. 18-55688 (9th Circuit, Aug 03,2020) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...
Judge(s):
Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.
Tag(s):

IN RE: TURCHIN

Citation:
BAP No. CC-17-1252-LSTa (9th Circuit, Dec 21,2018) Not Published
Case Status:
Affirmed
Ruling:
State court fraud judgment was entitled to preclusive effect in subsequent nondischargeability action under Section 523(a)(2)(A). Bankruptcy court's grant of summary judgment in favor of plaintiff...
Judge(s):
LAFFERTY, SPRAKER, and TAYLOR, Bankruptcy Judges.
Tag(s):

IN RE: SWINTEK

Citation:
No. 16-60003 (9th Circuit, Oct 22,2018) Published
Case Status:
Affirmed
Ruling:
11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering the Debtor’s personal property under California Code of Civil Procedure...
Judge(s):
Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.
Tag(s):

IN RE MASTRO

Citation:
WW-17-1226-TaSKu (9th Circuit, Jun 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
9th Cir. BAP held that a bankruptcy court has authority under § 105(a) and Rule 2004 to compel a debtor to sign a "Consent Directive" which directs foreign banks and financial institutions that...
Judge(s):
TAYLOR, SPRAKER, and KURTZ, Bankruptcy Judges
Tag(s):

Harkey v. Grobstein (In the Matter of Point Center Financial, Inc.)

Citation:
16-56321 (9th Circuit, May 29,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The 9th Circuit reversed the district court’s dismissal for lack of standing of an appeal from a bankruptcy court order that authorized a Chapter 7 trustee to assume an executory contract, where...
Judge(s):
A. Wallace Tashima and Marsha S. Berzon, Circuit Judges, and Matthew F. Kennelly, District Judge
Tag(s):

Davis v. Belloc (In re Regional Care Services Corp.)

Citation:
BAP No. AZ-16-1213-JuLB (9th Circuit, Jul 05,2017) Not Published
Case Status:
Affirmed
Ruling:
Creditor with medical malpractice claim against the debtor was allowed to file a late proof of claim, and was granted relief from stay to pursue a state court lawsuit. Evidence that Creditor had...
Judge(s):
JURY, LAFFERTY, and BRAND, Bankruptcy Judges
Tag(s):

Schoenmann v. Bank of the West (In re Tenderloin Health)

Citation:
14-17090 (9th Circuit, Mar 07,2017) Published
Case Status:
Reversed
Ruling:
Ninth Circuit holds that courts may entertain hypothetical preference actions within Section 547(b)(5)’s hypothetical liquidation when such an inquiry is factually warranted, supported by...
Judge(s):
A. WALLACE TASHIMA and MILAN D.SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge, sitting by designation.
Tag(s):

Bustos v. Molasky (In re Molasky)

Citation:
14-60080 (9th Circuit, Nov 17,2016) Published
Case Status:
Reversed
Ruling:

Dismissal of § 523 complaint due to lack of prosecution, after bankruptcy court had allowed intervention by creditor to prosecute the same § 523 claims, did not mean that intervenor's claims...

Judge(s):
Sidney R. Thomas, Chief Judge, and Ronald Lee Gilman and Michelle T. Friedland, Circuit Judges
Tag(s):

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