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Summaries by Lars Fuller

Cole v. Bordeaux, LLP (In re Cole)

Citation:
BAP No. CC-17-1176-KuSA (9th Circuit, Dec 04,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP (9th Cir.) affirmed bankruptcy court (C.D. Cal.) order granting fee application for ch. 13 debtor's counsel over objection of ch. 13 debtor. Bankruptcy court neither abused discretion nor...
Judge(s):
Kurtz, Spraker, Alston
Tag(s):

Demetris v. Transport Workers Union of America, AFL-CIO

Citation:
15-15229 (9th Circuit, May 22,2017) Published
Case Status:
Affirmed
Ruling:
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
Judge(s):
O'Scannlain, Gould, Smith
Tag(s):

Selenberg v. Bates (In re Selenberg)

Citation:
16-30649 (5th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Judge(s):
Prado, Higginson, Costa
Tag(s):

Yuska v. Iowa Department of Revenue

Citation:
No. 16-6022 (8th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Circuit affirmed ruling of bankruptcy court (N.D. Iowa - Cedar Rapids) granting defendant's motion for summary judgment. BAP agreed that under Iowa law, administrative prior...
Judge(s):
Saladino, Kressel, Nail
Tag(s):

Helming v. Reed (In re Helming)

Citation:
No. 16-6033 (8th Circuit, May 04,2017) Published
Case Status:
Affirmed
Ruling:
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Windscheffel v. Montebello Unified School District (In re Windscheffel

Citation:
BAP No. CC-16-1303-FLKu (9th Circuit, Apr 03,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court's (C.D. Cal.) dismissal of debtor's chapter 11 case for bad faith, finding no error in application of judicially-created bad faith tests, rather than...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

Medical Lien Management, Inc. v. Dampier, Jr. (In re Dampier, Jr.)

Citation:
BAP No. CO-16-020 (10th Circuit, Apr 11,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Cir. affirmed bankruptcy court (D. Colo.) entry of summary judgment declaring criminal restitution obligation nondischargeable under 523(a)(7). While 523(a)(7) excepts debt other than...
Judge(s):
Karlin, Jacobvitz, Mosier
Tag(s):

U.S. Small Business Administration v. Bensal

Citation:
No. 14-17404 (9th Circuit, Apr 04,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
Judge(s):
Hawkins, Berzon, Murguia
Tag(s):

Koyle v. Sand Canyon Corp.

Citation:
No. 16-4035 (10th Circuit, Mar 31,2017) Published
Case Status:
Affirmed
Ruling:
10th Circuit affirmed the ruling of the district court (D. Utah) granting summary judgment in favor of defendants in debtor diversity suit challenging defendants' attempt to foreclose on deed of...
Judge(s):
Kelly, Briscoe, Lucero
Tag(s):

Gugliuzza v. Federal Trade Commission (In re Gugliuzza)

Citation:
No. 15-55510 (9th Circuit, Mar 24,2017) Published
Case Status:
Dismissed
Ruling:
9th Circuit dismissed appeal, holding that it lacked jurisdiction to review district court's order, which reversed in part a bankruptcy court's grant of summary judgment against a bankruptcy debtor...
Judge(s):
Callahan, Bea, Ikuta
Tag(s):

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