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Summaries by Thomas Phinney
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 9 years 11 months ago
- Citation:
- 9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
- Ruling:
- The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
- Judge(s):
- KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 2 weeks ago
- Citation:
- 9th Cir BAP No. CC-15-1227-FCTa (Feb. 17, 2016) (unpublished)
- Ruling:
- Bankruptcy court properly awarded Chapter 7 Trustee sanctions of $99,745.24 against principals of Debtor corporation under Section 105(a) and 542 for violating the stay and refusing to turnover...
- Judge(s):
- FARIS, CORBIT, and TAYLOR
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 1 month ago
- Citation:
- 9th Cir. BAP No. NC-15-1095-JuKuW (March 1, 2016) (unpublished)
- Ruling:
- Debtor's error identifying a second deed of trust that was intended to be stripped off in its Chapter 13 Plan could be corrected after completion of plan. The BAP vacated the bankruptcy court's...
- Judge(s):
- JURY, KURTZ, and WANSLEE, Bankruptcy Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 1 month ago
- Citation:
- 9th Cir. BAP No. CC-14-1176-DKiG (Jan. 27, 2016) (unpublished}
- Ruling:
- Debtor's misrepresentations of his income and expenses on his credit applications supported judgment declaring the credit card debts nondischargeable under § 523(a)(2)(A).
- Judge(s):
- DUNN, KIRSCHER AND GAN
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 1 month ago
- Citation:
- 9th Cir. BAP No. EC-15-1091-JuFD (published Feb. 19, 2016)
- Ruling:
- The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
- Judge(s):
- FARIS, DUNN, and JURY, Bankruptcy Judges
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 2 months ago
- Citation:
- 9th Cir. BAP No. EC-15-1133-DJuF (Dec. 11, 2015) (published)
- Ruling:
- Chapter 7 trustee compensation exceeding distributions to unsecured creditors is not per se an "extraordinary circumstance" that justifies disallowance of the trustee's full "commission" under...
- Judge(s):
- DUNN, JURY, and FARIS
- Tag(s):
-
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 2 months ago
- Citation:
- 9th Cir. BAP No. EC-14-1371-FDJu (Dec. 9, 2015) (unpublished)
- Ruling:
- Bankruptcy court properly approved a compromise between Chapter 7 Trustee and Bank relating to the Debtor's fraud claims against Bank which had foreclosed on the Debtor's commercial property.
- Judge(s):
- FARIS, DUNN, and JURY
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 3 months ago
- Citation:
- 9th Cir. BAP No. EC-15-1186-JuFD (December 4, 2015) (unpublished)
- Ruling:
- Bankruptcy Trustee failed to carry its burden of proving insolvency of a debtor corporation, or actual fraudulent intent, at the time of alleged fraudulent transfers. The 9th Cir. BAP affirmed the...
- Judge(s):
- JURY, FARIS, and DUNN, Bankruptcy Judges
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 3 months ago
- Citation:
- 9th Cir. BAP No. NC-15-1031-DJuTa (Nov. 3, 2015) (unpublished)
- Ruling:
- BAP affirmed bankruptcy court order that allowance of Debtor's homestead exemption in the bankruptcy case did not affect state court divorce litigation in which Debtor lost his rights to the...
- Judge(s):
- DUNN, JURY, and TAYLOR
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 4 months ago
- Citation:
- 9th Cir. BAP No. CC-14-1421-PeTaKu (Oct. 28, 2015)
- Ruling:
- The BAP upheld a judgment declaring a debt nondischargeable under § 523(a)(2)(A), but remanded to reduce the amount of the judgment from $821,647 to $302,000.
- Judge(s):
- Perris, Taylor, Kurtz, bankruptcy judges.
- Tag(s):
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