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Summaries by Thomas Phinney
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 2 years 4 months ago
- Citation:
- CC-22-1027-STL (9th Circuit, Aug 19,2022) Not Published
- Case Status:
- Affirmed
- Ruling:
- A series of errors by the trustee's attorney led the BAP to hold that the relation back doctrine found in Fed. R. Civ. P. 15(c) did not save the trustee's adversary proceeding. The original...
- Judge(s):
- SPRAKER, TAYLOR, and LAFFERTY, Bankruptcy Judges
- Tag(s):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 2 years 7 months ago
- Citation:
- BAP No. NC-21-1233-FBS (9th Circuit, May 26,2022) Published
- Case Status:
- Affirmed
- Ruling:
- Settlement agreement involving release of the Trustee's claims against a prior owner, and a sale of claims to that prior owner's company to pursue claims against a different insider group, was...
- Judge(s):
- FARIS, BRAND, and SPRAKER, Bankruptcy Judges.
- Tag(s):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 2 years 9 months ago
- Citation:
- BAP No. EC-21-1141-SFL (9th Circuit, Mar 25,2022) Published
- Case Status:
- Reversed
- Ruling:
- Debtor may amend his schedules to claim an exemption in sale proceeds of real property after the interest was sold by the bankruptcy trustee, under circumstances where the Debtor did not conceal...
- Judge(s):
- SPRAKER, FARIS, and LAFFERTY
- Tag(s):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 4 years 5 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 6 years 1 week ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 6 years 2 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 6 years 7 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 6 years 7 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 7 years 6 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 7 years 10 months ago
- 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):
-
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