Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
10 years 10 months ago
Citation:
BAP No. NV-14-1115-JuKuD (April 13, 2015)
Ruling:
The BAP held that the Debtor's failure to schedule a creditor in an asset chapter 7 case, such that the creditor did not have notice and thus did not timely file a proof of claim, meant that...
Based upon lack of subject matter jurisdiction, BAP vacated a bankruptcy court judgment determining the amount of a debtor's exemption in certain funds held in an account. The BAP held that a...
BAP affirmed bankruptcy court judgment that loans totaling $400,000 were nonnondischargeable under Section 523(a)(2)(A), and remanded to correct an error in the judgment
The BAP affirmed a bankruptcy court order that declined to amend its findings relating to the "manipulation of the books and records" by an insider creditor of the Debtor, which finding was made in...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 2 weeks ago
Citation:
Cummings v. UST, Phoenix (In re Cummings), 9th Circuit Court of Appeals No. 12-60077, February 10, 2015 [Not for publication]
Ruling:
The 9th Circuit affirmed the bankruptcy court’s order denying the debtors' discharge on the ground that the debtors made false oaths within the meaning of section 727(a)(4)(A), when the debtors...
Judge(s):
TALLMAN and RAWLINSON, Circuit Judges, and DEARIE, Senior District Judge.
The BAP affirmed the bankruptcy court judgment denying the Debtor’s discharge pursuant to § 727(a)(2)(A) because he transferred property with the intent to hinder, delay, or defraud his...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 4 months ago
Citation:
No. 14-35159 (October 9, 2014) (not for publication)
Ruling:
The Ninth Circuit affirmed imposition of civil contempt sanctions for selling property in violation of a court injunction, and dismissed as moot the appeal of the bankruptcy court’s denial of a...
Judge(s):
KOZINSKI, Chief Judge, and PAEZ and BERZON, Circuit Judges.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 6 months ago
Citation:
9th Cir. BAP (No. CC-13-1527-KiTaPa), August 20, 2014 (unpublished)
Ruling:
The bankruptcy court's order converting a postconfirmation chapter 11 case to chapter 7 was affirmed: the bankruptcy court had power sua sponte to convert the case, the Debtor received sufficient...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 6 months ago
Citation:
9th Cir. (No. 12-60074), August 20, 2014 (unpublished)
Ruling:
Bankruptcy court did not err when it denied Debtors' discharge under Section 727(a)(2) where Debtors stated they had moved $120,000 into a safe deposit box "to avoid the prying eyes and aggressive...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 7 months ago
Citation:
9th Cir., August 1, 2014 (No. 12-15186)
Ruling:
The Ninth Circuit amended its opinion dated July 18, 2014, at footnote 1, to state that it need not decide whether the bankruptcy court had the power to enter final judgment because the district...
Judge(s):
Stephen S. Trott, Sidney R. Thomas,and Mary H. Murguia, Circuit Judges
