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Summaries by Thomas Phinney
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- Citation:
- CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.
- Judge(s):
- DUNN, KIRSCHER and FARIS
- Tag(s):
-
- Citation:
- BAP No. EC-15-1311-JuKuMa (9th Circuit, Nov 29,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
Alleged attorney's lien on real property was invalid because attorney failed to comply with Cal. R. Prof....
- Judge(s):
- JURY, KURTZ, and MARTIN
- Tag(s):
-
- 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):
-
- Citation:
- NV-15-1349-KiLDo (9th Cir. BAP) (9th Circuit, Nov 09,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
9th Cir. BAP affirmed order converting Chapter 11 case to Chapter 7 as a bad faith filing to avoid entry of state court embezzlement judgment.
- Judge(s):
- KIRSCHER, LAFFERTY and DORE
- Tag(s):
-
- Citation:
- 9th Cir. Case No. 14-55854 (August 23, 2016)
- Ruling:
- An appeal of a hybrid compromise/sale order was moot under § 363(m) where debtor did not obtain stay pending appeal and the bankruptcy court did not clearly err in determining that the creditor...
- Judge(s):
- Raymond C. Fisher, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges
- Tag(s):
-
- Citation:
- 9th Cir. BAP No. NC-15-1175-TaJuKi (August 9, 2016) (unpublished)
- Ruling:
- 9th Cir. BAP affirmed bankruptcy court's dismissal of Chapter 13 case under Section 1307(c)(1) due to unreasonable delay detrimental to creditors.
- Judge(s):
- TAYLOR, JURY, and KIRSCHER
- Tag(s):
-
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