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Summaries by David Shemano

In re: LORENZO ESTEVA

Citation:
11th Circuit Court of Appeals No. 21-13580 (11th Circuit, Feb 16,2023) Published
Case Status:
Dismissed
Ruling:
Appeal dismissed for lack of subject matter jurisdiction because the order was not final because the bankruptcy court had not ruled on a remaining claim. The parties' post-appeal stipulation...
Judge(s):
Pryor, Rosenbaum and Marcus
Tag(s):

In re: JASWINDER SINGH BHANGOO

Citation:
BAP No. EC-21-1158-BSL (9th Circuit, Dec 22,2021) Published
Case Status:
Affirmed
Ruling:
The debtor's claim to a homestead exemption in a property leased to a third party as of the petition date was denied because the debtor failed to meet his burden of proof that his absence from the...
Judge(s):
BRAND, SPRAKER, and LAFFERTY
Tag(s):

In re- CALDEL HOLDINGS, LLC

Citation:
BAP No. NC-21-1083-BFS (9th Circuit, Oct 27,2021) Not Published
Case Status:
Affirmed
Ruling:
When considering a motion to reopen a case, a bankruptcy court should ordinarily not address the merit of any disputes underlying the motion, but may decline to reopen where the undisputed facts...
Judge(s):
BRAND, FARIS, and SPRAKER
Tag(s):

In re Tower Park Properties, LLC (Sunset Coast Holdings, LLC v. Hughes Investment Partnership, LLC)

Citation:
BAP No. CC-20-1223-GFL (9th Circuit, Feb 26,2021) Not Published
Case Status:
Affirmed
Ruling:
Applying an abuse of discretion standard, the BAP held that the Bankruptcy Court did not err in awarding $54,877 in attorneys' fees to a party that successfully prosecuted an unopposed motion to...
Judge(s):
GAN, FARIS, and LAFFERTY
Tag(s):

In re Dennis Berkovich and Marina Voloshin

Citation:
BAP No. CC-20-1025-FLS (9th Circuit, Oct 05,2020) Published
Case Status:
Affirmed
Ruling:
A failure to report a change in a a taxpayer's federal income tax liability to the California Franchise Tax Board will render the state tax claim nondischargeable, because the required report is...
Judge(s):
FARIS, LAFFERTY, and SPRAKER
Tag(s):

In re Nations First Capital, LLC

Citation:
BAP No. EC-19-1201-GLB (9th Circuit, Jun 05,2020) Not Published
Case Status:
Reversed
Ruling:
The bankruptcy court abused its discretion by reconsidering a claim disallowance under section 502(j) and FRCP 60(b)(6)) despite finding that the claimant lacked a cogent excuse for failing to...
Judge(s):
GAN, LAFFERTY, and BRAND
Tag(s):

Allen Diamond v. Hogan Lovells US

Citation:
15-16326 through 15-16333 (9th Circuit, Feb 27,2020) Published
Case Status:
Reversed and Remanded
Ruling:
Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...
Judge(s):
Gould, Murguia and Freudenthal
Tag(s):

In re Maggie Liu

Citation:
BAP Nos. CC-19-1039-STaF and CC-19-1040-STaF (9th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
Appeal of order denying motion to dismiss the debtor's chapter 7 case pursuant to section 109(g)(2) filed several months after the order was entered was was dismissed for lack of appellate...
Judge(s):
SPRAKER, TAYLOR, and FARIS
Tag(s):

Hurley v. Accesslex Institute (In re Hurley)

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):

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