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Summaries by David Shemano
- 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):
-
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel, BAP No. CC-10-1275-SaPaki (April 7, 2015)
- Ruling:
- Bankruptcy court order determining that characterization of transaction in confirmed plan was binding on taxing authority was reversed. Upon de novo review, bankruptcy court order determining that...
- Judge(s):
- Sargis, Pappas and Kirscher
- Tag(s):
-
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