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Summaries by David Shemano
- 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):
-
- 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):
-
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