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Summaries by Thomas Phinney
- 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):
-
- 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 , Parkinson Phinney
- 2 years 12 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):
-
- 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):
-
- Summarized by Thomas Phinney , Parkinson Phinney
- 4 years 10 months ago
- 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):
-
- Summarized by Thomas Phinney , Parkinson Phinney
- 4 years 10 months ago
- 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):
-
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