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Summaries by Lars Fuller

Brown v. Barclay

Citation:
BAP No. SC-17-1068-AKuS (9th Circuit, May 21,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed summary judgment entered by bankruptcy court (SD Cal.) in favor of plaintiff-chapter 7 trustee avoiding debtor's postpetition transfer of inheritance proceeds to his...
Judge(s):
Alston, Kurtz, Spraker
Tag(s):

Lee v. Field

Citation:
No. 15-17451 (9th Circuit, May 07,2018) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of...
Judge(s):
O'Scannlain, Clifton, Ikuta
Tag(s):

OHA Investment Corp. v. Schlumberger Technology Corp.

Citation:
No. 17-20224 (5th Circuit, Apr 17,2018) Published
Case Status:
Affirmed
Ruling:
Safe-harbor provision of Louisiana Oil Well Lien Act (LOWLA) allowed sale of lessee's overriding royalty interest (ORRI) free and clear of service providers' liens. LOWLA both created liens in...
Judge(s):
Reavley, Smith, Owen
Tag(s):

In re Hamilton

Citation:
BAP No. SC-17-1126-FBL & SC-17-1223-FBL (9th Circuit, Apr 17,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
Judge(s):
Faris, Brand, Lafferty
Tag(s):

Johnson v. W3 Investment Partners, LP

Citation:
BAP No. SC-17-1194-LBF (9th Circuit, Apr 16,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed summary judgment entered by bankruptcy court (SD Cal.) on 523(a)(2)(A) claim. Bankruptcy court properly gave preclusive effect to prepetition stipulated judgment. BAP...
Judge(s):
Lafferty, Brand, Faris
Tag(s):

Fitzhugh v. Birdsell

Citation:
AZ-17-1141-BLKu (9th Circuit, Apr 13,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded judgment of bankruptcy court (D. Az.) revoking debtor's discharge under 11 USC 727. Bankruptcy court applied incorrect standard of law. Trustee was...
Judge(s):
Brand, Lafferty, Kurtz
Tag(s):

Sprague v. Williams (In re van Winkle)

Citation:
BAP Nos. NM-17-031, 17-032, 17-033 (10th Circuit, Apr 03,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 10th Circuit affirmed in part, reversed in part, and remanded bankruptcy court's (D. NM) order denying defendants' motion to dismiss and entering judgment in favor of plaintiff. BAP ruled...
Judge(s):
Karlin, Nugent, Mosier
Tag(s):

Murtaza v. Slaten (in re Murtaza)

Citation:
BAP No. CC-17-1153-SKuTa (9th Circuit, Apr 02,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment denying discharge entered by bankruptcy court (C.D. Cal.). Circumstantial evidence and inferences from debtor's conduct established debtor's actual fraudulent...
Judge(s):
Spraker, Kurtz, Taylor
Tag(s):

Amiri v. Ramos Oil CO., Inc.

Citation:
BAP No. NC-17-1061-TaBS (9th Circuit, Feb 13,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (ND Cal.) denying discharge of chapter 7 debtor under 11 USC 727 for knowing and fraudulent oath after debtor failed to disclose he was an...
Judge(s):
Taylor, Brand, Spraker
Tag(s):

Olson v. Van Meter

Citation:
NV-17-1168-LTiF (9th Circuit, Feb 05,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded ruling of bankruptcy court (D. Nev.-Reno) dismissing chapter 13 debtor's case sua sponte on ground that debtor's postpetition acceptance of rent from...
Judge(s):
Lafferty, Tighe, Faris
Tag(s):

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