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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Paris Gyparakis

Coastal Capital, LLC v. Savage

Summarizing by Bradley Pearce

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Summaries by Thomas Phinney

Reed v. New York Community Bank (In re Reed)

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):

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):

Green v. Howard Family Trust Dated August 21, 1998 (In re Green)

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):

Adeli v. Barclay (In re Berkley Delaware Court, LLC)

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):

Velasquez v. Burchard (In re Velasquez)

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9th Cir. BAP No. NC-15-1175-TaJuKi (August 9, 2016) (unpublished)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):

Smith v. U.S. IRS

Citation:
No. 14-15857 (9th Cir. July 13, 2016) (published)
Ruling:
Summary judgment was properly entered determining that debtor’s tax liabilities were nondischargeable under § 523(a)(1)(B)(i) relating to tax debt for unfiled returns. The panel held that the...
Judge(s):
Jerome Farris, Diarmuid F. O’Scannlain, and Morgan Christen, Circuit Judges
Tag(s):

DeNoce v. Neff (In re Neff)

Citation:
9th Cir. No. 14-60017 (June 9, 2016) (published)
Ruling:
The Ninth Circuit held that the one-year window to revoke a discharge under Section 727(a)(2) is not a statute of limitations and is therefore not subject to equitable tolled by the filing of...
Judge(s):
Richard R. Clifton, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.
Tag(s):

Capital Options, LLC v. Loomis, et al. (In re Capital Options, LLC)

Citation:
BAP Nos. AZ-15-1165, 1166, 11167-JuKuJa (May 27, 2016) (unpublished) (3 related appeals)
Ruling:
Bankruptcy court properly ruled that Chapter 11 debtor's alleged 50% interest in an LLC was based upon a breach of an alleged oral agreement, which claim was time-barred under CCP Section 339's...
Judge(s):
JURY, KURTZ, and JAIME, Bankruptcy Judges.
Tag(s):

Mendez v. Harwood (In re Harwood)

Citation:
9th Cir. BAP No. NC-15-1055-DTaKu (April 8, 2016) (unpublished)
Ruling:
Bankruptcy court properly confirmed Chapter 13 Plan over good faith objections and other objections raised by Creditor. The BAP affirmed the bankruptcy court's order confirming the Chapter 13 Plan.
Judge(s):
DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
Tag(s):

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