Adopting in full the BAP opinion, In re Deitz,469 B.R. 11 (B.A.P. 9th Cir. 2012), the 9th Cir. affirmed the judgment of the bankruptcy court excepting debt from discharge pursuant to Section 523...
Judge(s):
Barry G. Silverman, William A. Fletcher, and Jay S. Bybee, Circuit Judges.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
11 years 8 months ago
Citation:
BAP E-13-1277-Ku (June 30, 2014) (Unpublished)
Ruling:
The 9th Cir. BAP affirmed summary judgment, and denial of reconsideration, in favor of foreclosing Creditor. The Debtor contended that a foreclosure sale of his residence occurred just after, not...
The 9th Cir. BAP ruled that Debtors were entitled to discharge under Section 1141(d) since the Debtors had obtained confirmation of a non-liquidating chapter 11 plan, and thus Debtors were entitled...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 1 week ago
Citation:
BAP No. NV-13-1034-TaJuKi, February 18, 2014
Ruling:
The BAP held that a debtor was entitled to its full reasonable attorneys fees of $8,456.30 under § 523(d) for defending a § 523(a)(2) nondischargeability action on a consumer debt, and reversed...
BAP affirmed approval of compromise under FRBP 9019 between Chapter 7 Trustee and Secured Creditor in the amount of $550,000, holding that the bankruptcy court's findings that the settlement was...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 7 months ago
Citation:
9th Cir. July 25, 2013; No. 12-35135 (published)
Ruling:
The Ninth Circuit held that the 60-day time limit provided in Bankruptcy Rule 4007(c) for filing a nondischargeability complaint under 11 U.S.C. section 523 was improperly extended "sua sponte" by...
Judge(s):
Arthur L. Alarcon, M. Margaret McKeown, and Jacqueline H. Nguyen
BAP affirmed bankruptcy court order that, notwithstanding series of mergers, creditor had established standing to obtain relief from stay to evict chapter 7 debtors following foreclosure.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 10 months ago
Citation:
BAP No. EC-11-1669 (9th Cir. BAP) (entered April 23, 2013)
Ruling:
BAP affirmed dismissal without leave to amend of the Debtor's adversary complaint seeking to enjoin Bank of America from foreclosing on the Debtor's residence. The BAP held that the Debtor lacked...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 10 months ago
Citation:
9th Cir. BAP, April 11, 2013 (BAP No. CC-12-1513-KiPaTa) (unpublished)
Ruling:
Chapter 7 Trustee, who avoided fraudulent transfer of the Debtor's Residence, took property subject to judgment lien, even though at the time the abstract of judgment was recorded, the Debtor had...
Judge(s):
Kirscher, Pappas, and Taylor affirmed the judgment of Robert Kwan.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 2 weeks ago
Citation:
9th Cir. BAP, February 11, 2013, BAP Nos. NV-12-1122 and NV-12-1124
Ruling:
BAP affirmed summary judgment in favor of creditor, which excepted debts from discharge under § 523(a)(6) based upon the preclusive effect of a Nevada state court judgment for abuse of process,...
