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Summaries by David Shemano
- Citation:
- BAP No. WW-18-1259-BKuF (9th Circuit, Jun 26,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Court did not err in finding that the debtor was unable to establish good faith under the Brunner test for the discharge of student debt because of the debtor's criminal conduct that...
- Judge(s):
- Brand, Kurtz and Faris
- Tag(s):
-
- Citation:
- BAP No. NV-16-1242-LJuKu (9th Circuit, Mar 10,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- A purchaser of leased personal property at a foreclosure sale was not entitled to assert an administrative rent claim against the debtor where the lease was a disguised security interest, the bill...
- Judge(s):
- LAFFERTY, JURY, and KURTZ
- Tag(s):
-
- Citation:
- BAP No. 16-1233-NTaL (9th Circuit, Feb 02,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Section 523(a)(10) provides that any claim existing when a debtor waives or is denied a discharge in a case will be nondischargeable in a subsequent case. If a claim is nondischargeable under...
- Judge(s):
- Novack (sitting by designation), Taylor and Lafferty
- Tag(s):
-
- Ruling:
The Barton doctrine, which requires permission of the bankruptcy court to sue a bankruptcy trustee in any court other than the bankruptcy court, applies to actions against members...
- Judge(s):
- Kozinski, Paez and Berzon
- Tag(s):
-
- Citation:
- Ninth Circuit Court of Appeals, No. 13-17500 ((August 22, 2016)
- Ruling:
- General unsecured claim against individual debtor was properly subordinated pursuant to section 510(b) of the Bankruptcy Code because claim arose from an equity investment in an affiliate of the...
- Judge(s):
- Kozinski, Noonan and O'Scannlain
- Tag(s):
-
- Citation:
- United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. CC-16-1042-FDKu (Aug. 8, 2016)
- Ruling:
- Judicial estoppel precluded a debtor that had argued in response to a motion to convert or dismiss its case that it was a business trust eligible to file for bankruptcy protection from subsequently...
- Judge(s):
- Faris, Dunn & Kurtz
- Tag(s):
-
- Citation:
- Ninth Circuit Court of Appeals, No. 12-17241 ((April 8, 2016)
- Ruling:
- For purposes of valuation of a senior lender's interest under section 506(a), restrictions on the debtor's use of the property that would be extinguished in a foreclosure do not apply to limit the...
- Judge(s):
- Kozinski, Paez and Clifton
- Tag(s):
-
- Citation:
- United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP No. NV-14-1564-KiDJu
- Ruling:
- If an oversecured creditor is impaired under the plan, the creditor is presumptively entitled to interest at the contractual default rate from the petition date through the plan effective date if...
- Judge(s):
- Kirscher, Dunn and Jury
- Tag(s):
-
- Citation:
- United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP Nos. CC-14-1571 and CC-14-1572
- Ruling:
- Transfer of title to property in violation of order appointing a receiver is not void and title to the property becomes property of the transferee's bankruptcy estate.
- Judge(s):
- Dunn, Kirscher and Brandt
- Tag(s):
-
- Citation:
- Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
- Ruling:
- Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note...
- Judge(s):
- Lipez, Wardlaw and Murguia
- Tag(s):
-
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