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Summaries by David Shemano
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- 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):
-
- Citation:
- BAP No. CC-19-1200-TaFS (9th Circuit, Apr 10,2020) Published
- Case Status:
- Affirmed
- Ruling:
- State court judgment for fraud entered after debtor chose not to participate in trial had issue preclusive effect in subsequent nondischargeability litigation.
- Judge(s):
- TAYLOR, FARIS, and SPRAKER
- Tag(s):
-
- 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):
-
- 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):
-
- 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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