Cathay Enterprises, Inc. v. Design Trend Int'l Interiors Ltd. (In re Cathay Enterprises, Inc.), No. 12-15650 (9th Cir. Mar. 31, 2014) (unpublished)
Ruling:
The Ninth Circuit affirmed the district court's judgment in favor of defendant as to liability, but reversed and remanded for the calculation of prejudgment interest and attorneys' fees. As to...
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling:
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP.
In an issue of...
Dudley v. Simmons (In re Dudley), BAP No. AZ-12-1631-KuDPa (BAP 9th Cir. Feb. 26, 2014)
Ruling:
The Ninth Circuit BAP affirmed bankruptcy court's (Arizona) dismissal of Chapter 13 case following expiration of sixty month term of confirmed plan and material default. The BAP perceived no abuse...
Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
Ruling:
The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the...
Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.), BAP No. EC-12-1648 (B.A.P. 9th Cir. Dec. 17, 2013)
Ruling:
Ninth Circuit BAP affirmed bankruptcy court's (E.D. California) order denying compensation to attorney for services rendered to Chapter 11 debtor and requiring disgorgement of all funds received. ...
Lorcon LLC #1 & Conway v. Heyl (In re Heyl), Case No. 13-6022 (B.A.P. 8th Cir. December 12, 2013)
Ruling:
The BAP affirmed the bankruptcy court's denial of creditors'/plaintiffs' Rule 60(b)/FRBP 9024 motion to vacate judgment following the bankruptcy court's entry of judgment in favor of Chapter 7...
Fischer v. Great Western Bank (In re Fischer), No. 13-6043 (BAP 8th Cir. November 18, 2013)
Ruling:
The Eighth Circuit BAP affirmed the bankruptcy court's denial of debtor's motion for contempt against lender. The BAP found that the bankruptcy court's order simply approving the stipulation did...
Heritage Pacific Financial, LLC v. Montano (In re Montano), NC-12-1579-PaDJu (9th Cir. BAP Nov. 1, 2013)
Ruling:
Ninth Circuit BAP affirmed rulings of Bankruptcy court for the Northern District of California granting summary judgment dismissing lender's 11 USC 523(a)(2) complaint. BAP affirmed that lender's...
Goben v. Corydon State Bank (In re Goben), No. 13-6039 (8th Cir. BAP 2013)
Ruling:
The 8th Circuit BAP affirmed the U.S. Bankruptcy Court for the Southern District of Iowa (Des Moines). The bankruptcy court sustained secured creditor's objection to Chapter 7 debtor's claim of...
Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to...
