ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
Summaries by David Shemano
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel, No. HI-13-1459-KuJuKi (February 5, 2015)
- Ruling:
- Order affirming ruling denying motion for reconsideration pursuant to FRCP 60(b) and FRBP 9024 of order granting summary judgment. The BAP rejected arguments that the proceeding was improperly...
- Judge(s):
- Kurtz, Jury and Kirscher
- Tag(s):
-
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel, No. NV-13-1559-PaJuHl (October 20, 2014)
- Ruling:
- Order affirming decision of the bankruptcy court valuing certain real property in connection with determining the amount of a secured creditor’s deficiency claim.
- Judge(s):
- Pappas, Jury and Houle
- Tag(s):
-
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1441-TaPaKi (September 11, 2014)
- Ruling:
- Order approving sale of assets by chapter 7 trustee to ex-wife of debtor vacated and remanded because the bankruptcy court failed to make any findings in support of the decision.
- Judge(s):
- Taylor, Pappas, and Kirscher
- Tag(s):
-
- Citation:
- Ninth Circuit Bankruptcy Appellate Panel, No. CC-13-1563-KiTaD (August 19, 2014)
- Ruling:
- Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
- Judge(s):
- Kirscher, Taylor and Dunn
- Tag(s):
-
- Citation:
- Ninth Circuit Court of Appeals, No. 12-35665 (December 2, 2013)
- Ruling:
- A fraud that would have served as grounds for denying a chapter 7 discharge if it had been known at the time of the discharge can serve as grounds for the later revocation of that discharge.
- Judge(s):
- Milan D. Smith, Jr., Andrew D. Hurwitz, James C. Mahan
- Tag(s):
-
- Citation:
- Eight Circuit Court of Appeals, No. 11-3523 (January 11, 2013)
- Ruling:
- Where the debtor failed to assert an exemption in an asset prior to a hearing to consider a motion filed by the chapter 7 trustee for approval of a global settlement of the asset, the bankruptcy...
- Judge(s):
- Loken, Beam, and Smith
- Tag(s):
-
- Citation:
- Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), Case No. 12-6043 (BAP 8th Cir. November 14, 2012)
- Ruling:
- Where the debtor acted as a payment intermediary between a utility and a customer and the contract between the debtor and customer required the debtor to remit funds to the utility, the contract...
- Judge(s):
- FEDERMAN, VENTERS and SALADINO
- Tag(s):
-
- Citation:
- Eight Circuit Bankruptcy Appellate Panel, No. 11-6073 (March 13, 2012)
- Ruling:
- Where a judgment creditor satisies a senior consensual lien on property of the debtor in preparation for a sheriff's sale, the judgment creditor is subrogated to the rights of the consensual...
- Judge(s):
- Venters, Saladino and Nail
- Tag(s):
-
- Citation:
- Eight Circuit Court of Appeals, No. 11-6038 (October 11, 2011)
- Ruling:
- The Bankruptcy Appellate Panel ruled that where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.
- Judge(s):
- Kressel, Schermer and Federman
- Tag(s):
-
- Citation:
- Eight Circuit Court of Appeals, No. 09-3049 (April 4, 2011)
- Ruling:
- The Court of Appeals ruled that an unsuccessful bidder at a bankruptcy auction does not have standing to seek damages based upn the results of the sale where the debtor determined that the bidder...
- Tag(s):
-
Pages
