Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 9 months ago
Citation:
Bates v. MERS, No. 11-15894 (9th Circuit, September 17, 2012).
Ruling:
Plaintiff alleged that defendant lenders made false representations under the California False Claims Act ("CFCA") in naming MERS as a beneficiary in recorded mortgage documents in order to avoid...
Judge(s):
Mary M. Schroeder and Consuelo M. Callahan, Circuit Judges, and Edward R. Korman, District Judge.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 10 months ago
Citation:
BAP No. MT-11-1366-JuMkH (August 6, 2012)
Ruling:
The BAP held that 541(b)(7)(A) excludes from property of the estate only those 401(k) contributions made before the petition date, and that Chapter 13 debtors' voluntary postpetition retirement...
The Ninth Circuit ordered the remand back to Nevada state court of a "parens patriae" lawsuit brought by the State of Nevada, alleging that (1) Bank of America misled Nevada consumers about the...
Judge(s):
REINHARDT, WARDLAW, and CALLAHAN, Circuit Judges.
Opinion by Judge WARDLAW
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
14 years 4 months ago
Citation:
D.C. No. 2:09-cv-02937 (9th Cir., February 9, 2012)
Ruling:
The Ninth Circuit held that a bankruptcy court order, which denied a motion made by affiliates of the debtor for turnover of records held by the debtor's trustee, was an interlocutory order, not a...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
15 years 19 hours ago
Citation:
9th Circuit, June 27, 2011, Docket No. 09-60049
Ruling:
Debtor's tax liability as responsible person for his coporation's 1997 sales taxes was not discharged, and was assessable under California law after the 2001 commencement of the Debtor's case as...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
15 years 1 month ago
Citation:
___ F.3d ___ (9th Cir. May 19, 2011) (Case No. 09-60035) (Unpublished; Not precedent except as provided by 9th Cir. R. 36).
Ruling:
The Ninth Circuit upheld the imposition of sanctions against an attorney, based on the bad faith removal of an action to bankruptcy court, as an appropriate exercise of the court’s inherent...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
15 years 7 months ago
Citation:
Robert L. Goodrich v. Juan Briones (In Re: Alexis Hill Schwarzkopf), No. 08-56974, (Nov. 23, 2010, 9th Cir); 2010 U.S. App. LEXIS 24046
Ruling:
Debtors’ Two Irrevocable Trusts Were Invalid
The Debtors set up two irrevocable trusts in 1992 (collectively, “Trusts”), naming as beneficiary their minor child. The first trust (the...
