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Summaries by Thomas Phinney
- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 4 months ago
- Citation:
- 9th Cir. BAP No. CC-14-1193-DTaKu (Oct. 29, 2015) (unpublished)
- Ruling:
- BAP affirmed Debtor's $90,000 valuation of printing press in Chapter 11 plan as basis for payment of secured debt, affirmed award of discovery sanctions against creditor, and dismissed as equitably...
- Judge(s):
- DUNN, TAYLOR AND KURTZ, Bankruptcy Judges.
- 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- 9th Cir. BAP No. WW-14-1262-JuKiF (Oct. 7, 2015) (unpublished)
- Ruling:
- The 9th Cir. BAP held that special counsel to Chapter 7 trustee was required to disgorge fees and to pay attorneys fees under Rule 11 for settling the Debtor's personal injury lawsuit, and then...
- Judge(s):
- JURY, KIRSCHER, and FARIS
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 5 months ago
- Citation:
- 9th Cir. Nos. 13-55509, 13-55574 (September 4, 2015)
- Ruling:
- The Ninth Circuit dismissed for lack of jurisdiction (lack of finality) an appeal and a cross-appeal from a district court’s order affirming in part and remanding in part for further factual...
- Judge(s):
- Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 6 months ago
- Citation:
- 9th Cir. BAP No. NC-14-1230-DKiTa (August 28, 2015) (unpublished)
- Ruling:
- Bank held a 2nd position deed of trust and filed a secured proof of claim. It later became clear the lien had no value, and it was a solvent estate. The Bank made a motion under § 506(a) seeking...
- Judge(s):
- DUNN, KIRSCHER AND TAYLOR, Bankruptcy Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 7 months ago
- Citation:
- 9th Cir. BAP No. AZ–14-1511 and AZ-14-1514-PaJuKi (July 1, 2015) (unpublished)
- Ruling:
- The 9th Cir. BAP held that Debtor's Trust was their "alter ego;" that the assets held in Trust were property of the estate that must be turned over to the Chapter 7 Trustee; and that the Debtors'...
- Judge(s):
- PAPPAS, JURY, and KIRSCHER, Bankruptcy Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 8 months ago
- Citation:
- BAP Nos. CC-14-1186-DTaKu (July 2, 2015) (unpublished)
- Ruling:
- Creditor was not entitled to summary judgment on her § 523(a)(6) claim, based upon a prepetition malicious prosecution judgment against the Debtor. Although it was a "very close call," the...
- Judge(s):
- DUNN, TAYLOR and KURTZ, Bankruptcy Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 8 months ago
- Citation:
- 9th Cir. No. 13-15432 (June 12, 2015)
- Ruling:
- Chapter 7 trustee must obtain a court order authorizing the payment of federal income taxes as an administrative expense under § 503(b), after notice to creditors. Creditors' objection to Final...
- Judge(s):
- J. Clifford Wallace, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 8 months ago
- Citation:
- 9th Cir. BAP No. NC-14-1396-KiTaD (June 10, 2015) (unpublished)
- Ruling:
- Creditor, who obtained state court judgment ("Judgment") against the Debtor for financial elder abuse, was not entitled to summary judgment on her Section 523(a)(6) claim for willful and malicious...
- Judge(s):
- KIRSCHER, TAYLOR and DUNN
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 9 months ago
- Citation:
- BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
- Ruling:
- Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
- Judge(s):
- KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
- Tag(s):
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- Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
- 10 years 9 months ago
- Citation:
- 9th Cir. BAP No. NC-14-1376-DKiTa (May 29, 2015)
- Ruling:
- Chapter 13 Plan, which did not commence payment to creditors secured by personal property until month 7 of the plan, in order to allow Debtor's attorneys fees to be paid first, was properly...
- Judge(s):
- DUNN, KIRSCHER AND TAYLOR
- Tag(s):
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