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...
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...
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.
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...
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'...
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...
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.
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...
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.
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...
