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Summaries by Lars Fuller

Walters v. Cates

Citation:
BAP No. CO-17-047 (10th Circuit, Aug 24,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
Judge(s):
Cornish, Jacobvitz, Hall
Tag(s):

Moti Partners, LLC v. Desert Palace, Inc. (In re Caesars Entertainment Operating Co., Inc.)

Citation:
BAP No. NV-17-1386-LBTa (9th Circuit, Aug 20,2018) Published
Case Status:
Dismissed
Ruling:
BAP for 9th Cir. dismissed appeal for lack of subject matter jurisdiction based on 28 USC 1447(d)'s prohibition against appellate review of remand orders. Bankruptcy court's (D. Nev.) reasoning...
Judge(s):
Lafferty, Brand, and Taylor
Tag(s):

Sandoval v. Taylor

Citation:
17-1241 (10th Circuit, Aug 14,2018) Published
Case Status:
Reversed and Remanded
Ruling:
10th Cir. (D. Colo.) reversed and remanded ruling of bankruptcy court (D. Colo.) on direct appeal finding that proper calculation for lien avoidance under 11 USC 522(f) for jointly owned property...
Judge(s):
Lucero, Phillips, Moritz
Tag(s):

21st Mortgage Corp. v. Glenn

Citation:
No. 17-60533 (5th Circuit, Aug 13,2018) Published
Case Status:
Affirmed
Ruling:
5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time...
Judge(s):
Elrod, Costa, Ho
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

H3O Communications, LLC v. Kane (In re AMKO Fishing Co, Inc.

Citation:
BAP No. HI-17-1255-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed bankruptcy court (D. HI) ruling that creditor did not have maritime lien that attached to settlement proceeds from chapter 7 trustee's settlement with third party...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

JTF Rose, Inc. v. Esquerra

Citation:
BAP No. CC-17-1356-TaLLs (9th Circuit, Aug 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. vacated and remanded bankruptcy court (CD Cal.) order denying creditor's motion to dismiss chapter 13 case. Bankruptcy court incorrectly applied issue preclusion. Lack of...
Judge(s):
Taylor, Lafferty, Lastreto
Tag(s):

Samuel v. JPMorgan Chase Bank, N.A.

Citation:
BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Lind v. Spacone

Citation:
BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Lee v. Peeples

Citation:
BAP No. UT-18-003 (10th Circuit, Jul 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed defense verdict of bankruptcy court (D. Utah) in favor of debtor-defendant on creditors' 11 USC 727 and 523 claims. Creditors failed to prove elements of claims...
Judge(s):
Michael, Karlin, Romero
Tag(s):

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