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Summaries by Thomas Phinney
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 2 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):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 2 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 2 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 2 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 6 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 6 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 7 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 8 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 9 months ago
- 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):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 10 months ago
- 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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