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Partap Investments, LLC v. Kittusamy, LLP (In re Kittusamy, LLP)

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):

Khounani v. Premier Capital, LLC (In re Khounani)

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):

Blixseth v. Brown (In re Yellowstone Mountain Club, LLC)

Citation:
14-35363 (9th Circuit, Nov 28,2016) Published
Case Status:
Affirmed in part and Reversed in part
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):

Liquidating Trust Committee of the Del Biaggio Liquidating Trust v. David Freeman (In re William James Del Biaggio, III)

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):

Soames Lane Trust v. Gonzalez (In re Soames Lane Trust)

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):

In the Matter of Sunnyslope Housing Limited Partnership

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):

In re Beltway One Development Group, LLC

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):

Domum Locis, Inc. v. LLoyds TSB Bank PLC (In re Domum Locis, Inc.)

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):

Christie v. The Bank of New York Mellon

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):

CA Franchise Tax Board v. Wilshire Courtyard (In re Wilshire Courtyard)

  • Summarized by David Shemano , ShemanoLaw
  • 10 years 10 months ago
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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