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Summaries by Thomas Phinney

In re: RIZAL JUCO GUEVARRA

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):

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):

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